Contract 2013.doc · Web viewArticle VII Grievance Procedure 9. Article VIII Seniority 10. Article IX Outside Employment ... Article XIV Employee Fringe Benefits 12. Article XV

AGREEMENT

BETWEEN

THE CITY OF DUNCAN, OKLAHOMA

AND

INTERNATIONAL UNION OF POLICE ASSOCIATIONSFRATERNAL ORDER OF POLICE – OKLAHOMA LODGE 99

FY 2013

January 1, 2013

1

I N D E X

PREAMBLE 3

Article I Duration of Agreement

4

Article II

Recognition

4

Article III Management Rights 4

Article IV

Bargaining Unit Security

5

Article V Police Officers Bill of Rights

6Article VI

Prohibition of Strikes

7Article VII Grievance

Procedure

9

Article VIII Seniority 10

2

Article IX Outside Employment

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Article X Personnel File

10Article XI Overtime

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Article XII Standby Status/Benefits (Investigation Department)

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Article XIII Exchange of Duty

12Article XIV Employee Fringe Benefits

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Article XV

Uniforms/Equipment/Clothing Allowance

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Article XVI Wages and Allowances

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Article XVII Longevity 16

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Article XVIII In House Training 17

Article XIX Dues Check Off 17

Article XX

Promotion Procedures

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Article XXI Physical Examinations

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Article XXII Workers Compensation

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Article XXIII Alcohol and Controlled Substance Policy and Testing Procedures 18

Article XXIV Savings Clause and Subordination

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Signature Page 18ADDENDUM No. 1 I.U.P.A. Pay

Plan, January 1, 2013

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ADDENDUM No. 2 Procedures for Promotion

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ADDENDUM No. 3 Physical Examination Form

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ADDENDUM No. 4 Alcohol and Controlled Substances Policy

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ADDENDUM No. 5-A Uniforms and Associated Equipment, Initial Issue 36

ADDENDUM No. 5-B Uniforms and Associated Equipment, From Allowance 38

ADDENDUM No. 5-C Uniforms and Associated Equipment, Special Functions 39

ADDENDUM No. 6 Pay-for-Performance Evaluation System

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ADDENDUM No. 7 Benefits

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PREAMBLE

SECTION 1. THIS AGREEMENT is entered into this 1st day of January, 2013 between the City of Duncan, hereinafter referred to as "Employer" and International Union of Police Associations Fraternal Order of Police-Oklahoma Local 99 hereinafter referred to as FOP

SECTION 2. This Agreement reduces to writing the full and complete agreement of the parties, and supersedes all prior negotiations and contracts, whether written or oral. This Agreement may be amended by mutual agreement of the parties, which amendment must be reduced to writing, executed by both parties, and attached hereto.

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ARTICLE IDURATION OF AGREEMENT

SECTION 1. This Agreement shall become effective the 1st day of January, 2013 and shall remain in full force and effect until midnight December 31, 2013. This Agreement shall automatically extend for one-year terms after December 31, 2013 unless written notice for bargaining is given by either party at least thirty (30) calendar days before the anniversary date of such negotiated agreement.

SECTION 2. Whenever wages, rates of pay, or any other matters requiring appropriation of monies by the Employer are included as matters of collective bargaining, it shall be the obligation of the bargaining agent to serve written notice of request for collective bargaining on the Employer not less than one hundred twenty (120) calendar days prior to December 24th of each year.

ARTICLE IIRECOGNITION

SECTION 1. The City of Duncan recognizes the International Union of Police Associations Fraternal Order of Police – Oklahoma Lodge 99 as the sole and exclusive bargaining agent for the full-time commissioned officers employed by the Duncan Police Department except the Chief of Police, one designated administrative assistant, and all full time non-commissioned employees for the purposes of negotiating wages, hours and other conditions of employment.

SECTION 2. The FOP. recognizes the City Manager or his designated representative or representatives as the sole representative of the City of Duncan for the purpose of collective bargaining. The FOP. agrees to bargain in good faith with the City Manager or his designees in all matters relating to wages, hours and other conditions of employment. The City Manager agrees to bargain in good faith with the FOP. in all matters relating to wages, hours and other conditions of employment.

SECTION 3.a. Employees on employment probation, which shall be for a period of twelve (12) months from the date of hire,

shall not be covered by this Agreement.

b. Employees on probation as a result of promotion, which shall be for a period of six (6) months from the day of promotion, shall be covered by this Agreement, including grievance rights, provided, however, they shall have no grievance rights in the event they are demoted to the classification from which they were promoted, unless such demotion is for disciplinary reasons.

c. Employees on disciplinary probation shall be covered by the Agreement, including grievance rights.

ARTICLE IIIMANAGEMENT RIGHTS

SECTION 1. Except as otherwise specifically provided in this Agreement, the City has the sole and exclusive right to exercise all the rights and functions of management, and the exercise of any such rights or functions shall not be subject to the grievance procedure, provided, however, that whether or not a particular action by the City is a management right shall be subject to the grievance procedure. Without limiting the generality of the foregoing, as used herein, the term "rights of management" include:

a. The determination of the Police Department Policy, including the right to manage the affairs of the Police Department in all respects except as specifically modified by this Agreement.

b. The right to assign working hours, including shift assignments and overtime.

c. The right to establish, modify or change work schedules, manning of vehicles, amount of vehicles remaining for reserve officers, etc..

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d. The right to assign Employee to other duties within the Police Department.

e. The right to direct Employees of the Police Department, including the right to hire, promote or transfer any Employee; and, subject to the grievance procedure, to suspend, demote, discharge or take other disciplinary action against Employees for cause, provided, however, that demotion may take place during promotion probation.

f. The right to organize and reorganize the Police Department in any manner it chooses, including the size of the Police Department, the determination of job classifications and ranks based upon duties assigned.

g. The determination of the safety, health, and property protection measures for the Police Department.

h. The selection, promotion or transfer of Employees to supervisory or other managerial or technical positions, or to positions outside the bargaining unit, so long as the action does not remove the Employee from the Duncan Police Department.

i. The allocation or assignment of work to Employees within the Police Department.

j. The determination of policy affecting selection or training of Employees.

k. The scheduling of operations within the Police Department.

l. The establishment, modification and enforcement of Police Department rules, regulations, policies and procedures. When the rules, regulations, policies and procedures are reduced to writing, each Employee of the bargaining unit shall be provided a copy of those rules, regulations, policies and procedures, and shall further receive training on them. The Employer specifically reserves the right to modify and enforce those items currently set forth as rules and regulations of the Police Department, and to establish, modify and enforce such other rules, regulations and orders as is necessary to carry out the rights of management set forth in this Article which are reasonably within contemplation of the rules, regulations and orders in the Operations Manual, provided that policies which affect hours, wages and discipline be mutually agreed upon by the City of Duncan and the Local and provided further that the rules, regulations and orders do not interfere with those rights specifically granted to the Employee in this Agreement.

m. The transfer of work from one position to another within the Police Department.

n. The introduction of new, improved or different methods and techniques of operation of the Police Department or of changes in existing methods and techniques.

o. The placing of service, maintenance or other work, except police services, with outside contractors or with other agencies of the City.

p. The determination of the number of ranks and the number of Employees within each rank.

q. The determination of the amount of supervision necessary.

r. The transfer of Employees from one patrol district, unit or subdivision to another, or any transfer of Employees from one department or division to another.

s. The right to create new divisions and services within the Police Department.

ARTICLE IVBARGAINING UNIT SECURITY

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SECTION 1. All written rules, regulations, rights, privileges, fiscal procedures, working conditions and departmental practices of the Duncan Police Department currently enjoyed by the FOP. which are not included in this Agreement or in the Police Department Policies and Procedures Manual shall remain in full force, unchanged and unaffected in any way unless modified or changed by the specific terms of this Agreement.

SECTION 2. If so requested by the Chief, the FOP. President may confer with the Chief of Police while on duty, without loss of pay, to discuss grievances, whether actual or impending.

SECTION 3. The FOP. shall be allowed to conduct FOP. meetings in Police Department facilities, provided that they do not interfere with the normal use of the Police facilities. The FOP. shall be permitted to:

(a) place one (1) standard sized four (4) drawer file cabinet in the Police Department facilities at a location suitable to the Chief.

(b) The FOP shall be allowed to place one (1) bulletin board of a size and in a location acceptable to the Police Chief to be used for announcements related to I.U.P.A. business. No information or campaign literature for any candidate for political office or for any municipal political issues shall be posted on the FOP. bulletin board. Only the FOP. President, Vice-President, Secretary and/or Treasurer shall have authority to post any material, which shall be initialed by the posting officer. The Employer shall have the right to cause removal of any item from the board. Reasons for removal shall be provided on request by the FOP. President.

(c) The FOP. shall be allowed to place a Local #37 owned computer inside the Police Department to be used by their members for personal use and to complete work-related reports. The computer may only be used for personal use when the officer is off-duty or on normal break time as pre-approved by their supervisor and with specific notification given to the dispatcher by the officer. If the union desires to connect the computer to an internet service, any and all related costs for the connection and the maintenance of such service are solely the responsibility of the union. Inappropriate use of the computer, such as visits to pornographic sites of any type, illicit chat rooms, etc. may be grounds for disciplinary action regardless if the user is on-duty or off-duty. The union is responsible for establishing security measures on the computer whereby data is captured to reflect the identity of the user at any given time. The union must also equip the computer with adequate security devices such as firewalls, routers, etc. to prevent unauthorized access if the computer is to be connected to the city’s network system. The FOPcomputer can only be connected to the City’s network at the consent and agreement between the FOP and the Chief of Police.

ARTICLE VPOLICE OFFICERS BILL OF RIGHTS

SECTION 1. The procedures outlined in this Article shall not apply for allegations of criminal misconduct except any formal written complaint taken from a citizen alleging serious wrongdoing (not including criminal misconduct) on the part of any officer of the Duncan Police Department which may be the basis of disciplinary action, demotion, or dismissal, shall be taken under oath in the form of an affidavit, signed and sworn to by the complainant and by the parent or legal guardian, if complainant is under eighteen (18) years of age, and duly notarized, provided that the complaint shall be sworn to the Police Chief or his/her representative. Said complaint must be received within sixty (60) days of discovery of the alleged wrongdoing. Complaints and resulting investigative materials which do not result in disciplinary action or adverse administrative action shall not be made a part of the officer's official personnel file.

SECTION 2. The officer will immediately be provided a copy of the formal complaint described in Section 1 of this Article. A review board shall be mandatory at the request of either party in regard to serious disciplinary action arising out of a citizen complaint. If a hearing is scheduled, any related material pertaining to the incident in question shall be provided forty-eight (48) hours prior to the hearing, unless the parties agree to a shorter time. The officer shall be given a continuance of up to seventy-two (72) hours upon request.

SECTION 3 Whenever a police officer is under formal investigation based on a formal written complaint alleging criminal conduct, the officer shall be advised of his/her right to counsel prior to any interrogation regarding alleged criminal conduct and, absent an intelligent waiver of such rights, shall be entitled to be represented by legal counsel during such

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interrogation and during all other proceedings in connection with the investigation, including the Review Board proceedings.

SECTION 4. Members shall have the right to have the FOP representative of his/her choice present during any oral or written reprimand or counseling letter or any other disciplinary action.

SECTION 5. Any member, who is subject to a Disciplinary Review Board, including an Accident Review Board and a Use of Force Review Board, shall have the right to be present, with his/her designated FOP. representative, during all phases of the Review Board, except during deliberations.

SECTION 6. Any member who is the subject of a disciplinary Review Board, shall have the right to call witnesses in his/her behalf, including rebuttal witnesses, to question witnesses, and to cross-examine witnesses, provided that there is no disruption of the proceedings and that the questioning is performed in a relevant and reasonable manner, as determined by the Board chairman.

SECTION 7. No member shall be the subject of a Review Board more than one (1) time or punished more than one (1) time for the same alleged action.

SECTION 8. A Review Board shall be composed of five (5) members. The Chief of Police will provide the employee with a list of six (6) members, chosen at random from a list of all officers with more than one (1) year of service with the Duncan Police Department. The Employee shall strike two (2) names and add one (1) of his/her choice; or he/she may strike only one name.

SECTION 9. The procedure set out in this Article shall not be followed in the event of alleged misconduct observed by the member's supervisor or the Chief of Police, or for the violation of routine departmental policies and procedures. However, in the event one member has a complaint against another, the complaining member, the member complained against, or the Chief of Police shall have the right to invoke this Article.

SECTION 10. A copy of all written evaluations, commendations, reprimands or warnings will be placed in an Employee's official personnel file at Duncan City Hall.

Documents contained in the personnel records of Employees will be released only after assurance by the City of Duncan legal adviser that the Oklahoma Open Records Act, Title 51, Section 24A.1, et seq. has been fully adhered to.

ARTICLE VIPROHIBITION OF STRIKES

SECTION 1. It is agreed that there will be no strikes during the term of this Agreement or any extension thereof. "Strike" shall mean the concerted failure to report for duty, the willful absence from one's position, unauthorized holidays, sickness unsubstantiated by a physician's statement, the stoppage of work, or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of employment. Nothing contained in this Article shall be construed to limit, impair or affect the right of any public employee to the expression of communication of a view, grievance, complaint or opinion on any matter related to the conditions or compensation of public employment or their betterment, so long as the same does not interfere with the full, faithful, and proper performance of the duties of employment."

SECTION 2. Violations of Section 1 of this Article shall be grounds for disciplinary action, including discharge for any or all of such Employees involved, provided, however, such Employee shall have the right to a determination as to whether a violation has occurred in accordance with 11 O.S. Section 51-101; provided, further that disciplinary action, including discharge, shall be for just cause.

SECTION 3. Upon notification in writing by the Employer to the FOP. that certain of its members are allegedly engaged in one or more of the prohibited activities listed in Section 1 of this Article, the I.U.P.A. shall immediately, both publicly and in writing, order such members to return to work at once, and to discontinue such prohibited conduct. Such notification by the FOP. shall not constitute an admission by it or any of its members that any of the prohibited activities are

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actually in process or have taken place. The notification shall be made solely on the representation of the Employer. In the event any one or more of the prohibited activities occurs, the FOP. agrees to take all reasonable effective and affirmative action to insure that all members of the bargaining unit perform their regular duties as promptly as possible, as provided by law.

SECTION 4. Continuous and uninterrupted service by the City and its employees to the citizens, and orderly collective bargaining relations between the City and its employees being an essential consideration of this Agreement, the City agrees that no lockout of the employees shall be instituted.

ARTICLE VIIGRIEVANCE PROCEDURE

SECTION 1. It is the intent of the parties to this Agreement to prevent grievances and to settle any which may occur as fairly and as promptly as practical. Therefore, it is agreed that there should be time limits between the initiation of a grievance and its occurrence and between steps of the grievance procedure and the time in which each answer must be given. The times indicated by these provisions may be extended only by written mutual agreement of the parties. If a time limit is not observed by the aggrieved Employee, the grievance shall be considered settled in favor of management. If a time limit is not observed by management, the Employee may proceed to the next step.

SECTION 2. The FOP. the Employer, or any Employee may file a grievance within fifteen (15) calendar days of said occurrence, as hereinafter defined, and shall be afforded the full protection of this Agreement.

SECTION 3. Any dispute between the Employer and the FOP. or any Employee concerning the interpretation of this Agreement, or any controversy, disciplinary action, dismissal or demotion of an Employee shall be adjusted in the following manner:

STEP 1. An Employee shall, and his/her employee counselor may, first discuss a grievance with his/her immediate supervisor in an attempt to reach a satisfactory solution. In this step, it is not mandatory that the grievance be written. The supervisors are encouraged to counsel with the Employee and with their superiors in their review and handling of the situation. The supervisor's decision shall be orally made to the Employee and his/her employee counselor, if he/she has one, within five (5) calendar days.

STEP 2. If the grievance is not settled by the provisions of Step 1, it shall be submitted, in writing, within five (5) calendar days of the supervisor's response to the Chief of Police for adjustment. The Chief of Police shall submit his/her response, in writing, to the grievant within ten (10) calendar days.

STEP 3. If the grievance is not settled by the provisions in Step 1, it shall be submitted in writing within five (5) calendar days from the receipt of the Chief's response in Step 2 to the I.U.P.A. Grievance Committee. Within seven (7) calendar days, the FOP. Grievance Committee shall determine, in its discretion and judgment, whether or not a grievance exists. If the FOP. Grievance Committee finds a grievance does not exist, there shall be no further action.

STEP 4. If the FOP. Grievance Committee finds a grievance does exist, the Committee and the Employee may submit, in writing, within five (5) calendar days, the grievance and all the supporting written documentation, including the previous answers, to the City Manager for adjustment. The City Manager shall respond in writing to the Chief of Police, the grievant and the FOP. Grievance Committee, within seven (7) calendar days. If the grievance is not settled at that point, two alternatives are available: A) Mediation and B) Arbitration.

A. MEDIATION. Mediation may be requested by either party within ten (10) days by notifying the City Manager and FOP. Grievance Committee in writing of this choice.

a. Within seven (7) calendar days from the date of the request for mediation, the FOP. Grievance Committee or its designee and the City Manager or his/her designee shall meet and prepare a written request to the “Early Settlement Central Mediation Program” at Oklahoma City University for assignment of a Mediator.

b. If in (a) above, either party, employee or City Manager do not agree to participate in this Alternative (A.

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Mediation), alternative B.- Arbitration, may be the method chosen for resolving the grievance.

c. If the mediation alternative is agreed upon, the Mediator shall set the date and location of the mediation session upon approval of both parties.

d. If at anytime during the mediation process, the Mediator determines that further mediation will not result in a mutually acceptable agreement between the two parties, either party may then initiate the Arbitration alternative.

e. Upon reaching a mutually acceptable agreement and both parties signing the written agreement, the agreement shall be the final resolution of the grievance.

f. The two (2) parties to the mediation process shall share the cost of the mediation process on a 50/50 basis billed through the Early Settlement Central.

B. ARBITRATION (a) Within seven (7) calendar days from the date of the request for arbitration, the FOP. and the Employer shall

each select and name one (1) advocate and shall immediately thereafter notify each, in writing, of the name and address of the person so named. The two (2) advocates so selected and named shall request, within ten (10) calendar days, the Federal Mediation and Conciliation Service to provide a list of seven (7) arbitrators. Within seven (7) calendar days after receipt of the list of arbitrators from the Federal Mediation and Conciliation Service, the two (2) advocates already selected shall alternatively strike the name of the one (1) arbitrator from the list of seven (7) until one (1) name remains. The arbitrator, whether selected as a result of an agreement between the two (2) advocates previously selected or selected from the list provided by the Federal Mediation and Conciliation Service, shall act as Chairman of the Arbitration Board.

(b) The arbitrator shall call a hearing to be held as soon as possible but not longer than thirty (30) days, after the date of the appointment of the arbitrator, and give seven (7) days notice, in writing, to each of the advocates, the FOP. and the Employer, of the time and place of such hearing. The hearing shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator shall have the power to administer oaths and to require, by subpoena, the attendance and testimony of witnesses, the production of books, records, and other evidence relative or pertinent to the issues presented to them for determination.

(c) A hearing conducted by the arbitrator shall be concluded within twenty (20) days from the time of commencement. Within thirty (30) days after the conclusion of the hearing, the arbitrator shall issue a written opinion containing findings and recommendations with respect to the issue presented. A copy of said opinion shall be mailed or otherwise delivered to the FOP. and the Employer. In the event no majority exists, the decision of the arbitrator shall prevail.

(d With respect to the interpretation, enforcement or application of the provisions of this Agreement which do not relate to the Statutory and Charter authority of the City Council and the City Manager, the decision, findings and recommendations of the arbitrator shall be final and binding on the parties to this Agreement.

(e) The cost of the arbitrator shall be shared equally between the FOP. and the Employer. If a transcript of the proceedings is requested, then the party so requesting shall pay for it.

SECTION 4. The FOP. Grievance Committee may report on the impending grievance to the Chief of Police in an effort to forestall its occurrence. The Chief of Police, or his/her authorized representative, may report an impending grievance to the FOP. Grievance Committee in an effort to forestall its occurrence.

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SECTION 5. The Employer may file a grievance under this Article. Said grievance should be first discussed with the FOP. President, and, if not resolved, the grievance may be initiated at Step 4 of this procedure.

SECTION 6. The parties may, by mutual agreement, waive the provisions of Section 3, Step 4(B) requiring the appointment of interest arbitrators.

ARTICLE VIIISENIORITY

SECTION 1. Seniority shall be defined as continuous service with the Duncan Police Department as a commissioned officer. An Officer shall be considered to be on probationary status for a period of twelve (12) months and thereafter be considered full status.

SECTION 2. Seniority shall be determined between two or more officers by the length of continuous service with the department. When two or more officers are of the same rank, seniority shall be determined by length of service within the rank. With two or more officers of the same rank, who have the same length of service in said rank, seniority shall be determined by length of continuous service as an officer with the Duncan Police Department. Seniority between officers assigned to the K9 unit will be determined by date of assignment to the K9 unit.

SECTION 3. An Officer shall lose his/her seniority status for: discharge for just cause, resignation from employment, retirement, an unexcused failure to return to work upon expiration of a leave of absence, layoff for a period of more than twelve (12) months, or failure to report within ten (10) calendar days upon notification of recall from layoff.

SECTION 4. Seniority shall be the dominant factor in the following cases:a. Time when annual vacation is granted.b. Regularly scheduled days off.c. Taking comp time or additional days off.d. The shift that an officer works.

SECTION 5. A supervisor may depart from the use of seniority due to "needs of the service", however, upon request of the affected officer, a supervisor who does not use an officer's seniority to assign the aforementioned shall notify, in writing, narrating the reasons for not using the officer's seniority, and shall forward a copy to the FOP. President and the Chief of Police within seven (7) calendar days of the date of the decision and such decision shall not be grievable under the provisions of this Agreement, so long as such assignment was not made on the basis of personality or for punishment.

ARTICLE IXOUTSIDE EMPLOYMENT

SECTION 1. Outside employment is allowed so long as it does not interfere with the Employee's job with the City of Duncan and is not hazardous to health or physical well being of the Employee. Outside security employment must be cleared with the Chief of Police or his/her designee and shall require a properly executed contract approved as to form by the City Attorney and on file with the City Personnel Director. Said contract shall be between the employer and Union member and protect the City from workers comp claims and any other liability that may arise from outside employment. Outside employment will not be permitted at locations where alcoholic beverages are sold for on-premises consumption. The City reserves the right to decline any and all allowances from compensation programs in the event of an injury to the Employee while he/she is engaged in outside employment, unless otherwise dictated by the laws of the State of Oklahoma. The Duncan badge, patches and uniform will not be worn or otherwise displayed for outside employment, except with the approval of the Chief of Police or his/her designee(s).

ARTICLE XPERSONNEL FILE

SECTION 1. A copy of all personnel records for an Employee of the Police Department concerning an investigation, complaint, reprimand, counseling sessions for violation of any rule, regulation or policy within the City or Department or other

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judy, 10/19/01,

information or documentation which might be considered as being detrimental to the Employee's position, advancement or future with the Department, shall be furnished the Employee within five (5) days from the date of such investigation, complaint, reprimand, counseling sessions or documentation. The Employee will be allowed to place in his/her file a written response to any material.

SECTION 2. An Employee shall be allowed to review his/her personnel file, under supervision, at any reasonable time upon the written request to the Chief of Police. The Employee will not be allowed to review the results of psychological testing, polygraph examinations or background checks done for the purpose of hiring.

SECTION 3. No person, except the Employee's supervisors and appropriate administration Employees, shall be allowed access to or information from the Employee's personnel file and records without first obtaining the written consent of the Employee, except as may be required by law. Title 51, Section 24A.1, et seq. will be adhered to when requests for personnel information are received by City Staff.

ARTICLE XIOVERTIME

SECTION 1. All time worked in excess of eighty six (86) hours in a fourteen (14) day work period shall be considered as overtime.

SECTION 2. Overtime shall be compensated for in accordance with the Fair Labor Standards Act.

SECTION 3. All overtime will be authorized only when it is absolutely necessary and is approved in advance by the employee's supervisor. Overtime will be registered in thirty (30) minute segments, rounding up to the nearest half-hour or hour.

SECTION 4. Allowance of comp-time must be at the mutual agreement of the Employee and the department supervisor. Compensatory time accrual is limited to eighty five (85) hours maximum.

SECTION 5. Use of sick and vacation time will not penalize overtime, but will be considered as hours worked. Use of comp and other time off will NOT be considered as hours worked when computing overtime.

SECTION 6. Off duty Court time and call back time will be paid time and a half regardless of regular hours actually worked in the work period. Any Officer so affected will be paid a minimum of two (2) hours at time and one-half any time he receives a call to be in Court or called back. Call back will include mandatory range time when not a part of regular shift or extension of that shift.

SECTION 7. Normal workdays for employees are eight and one-half (8½) hours in duration and include pre-shift briefings (lineup) for the purpose of receiving shift assignments, inspections, and briefings.

ARTICLE XIISTANDBY STATUS/BENEFITS (INVESTIGATION DEPARTMENT)

SECTION 1. The purpose of this policy is to establish departmental procedures for investigators to be on standby and to establish benefits for standby duties.

SECTION 2. Standby benefits are defined and established as allowing all investigators to daily drive their police vehicles to and from home . It does not include driving the vehicle home for meal breaks, rest breaks, etc.

A. The Chief of Police or his/her designee may designate investigators to be on standby status. Standby status is not intended to prevent the investigator(s) from using non-duty time effectively for his or her own purposes.

B. An investigator designated for standby status will assume such duties at 7:00 a.m. Monday morning and will not relinquish such duties until the same time on the following Monday when another investigator may be designated for such duties. In cases of sickness or emergencies, the investigator is responsible for notifying his or her supervisor as soon as possible so that other arrangements can be made.

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C. Investigators for this assignment must be on call during their non-duty time around-the-clock to include weekends and holidays.

D. Being on call means directly available to a telephone call or pager at a known number for response to the department’s emergency needs. If paged, the investigator will immediately call the dispatcher to confirm that he or she has received the call-out notification.

E. Investigators who are on standby must respond to the scene of the incident/emergency within a reasonable time, not to exceed thirty (30) minutes.

F. Investigation officers assigned to standby for call out shall be compensated for eight (8) hours of overtime compensation for each week the officer has been designated by the Chief of Police or his designee as being on standby status.

G. Emergency call-out of an investigator on standby during the investigator’s non-duty hours will be subject to regular overtime compensation for the hours to which the investigator is called out.

H. An investigator designated to be on standby who cannot be reached, or fails to respond, may be subject to disciplinary action.

ARTICLE XIIIEXCHANGE OF DUTY

SECTION 1. Officers covered by this Agreement shall be allowed to exchange regular duty hours with other officers to obtain time off.

SECTION 2. A request must be submitted in writing to the shift supervisor in charge of the affected shift. Said request must contain the signatures of officers involved and must be submitted at least twenty-four (24) hours in advance.

SECTION 3. The request must be approved or denied by the supervisor of the affected shift. The request, if approved, must then be presented to the Patrol Captain for final approval.

ARTICLE XIVEMPLOYEE FRINGE BENEFITS

SECTION 1. During the term of this agreement, Employees shall continue to receive holidays, vacations and attendance bonus as set out in Addendum 7, Benefits. These benefits are not subject to change without negotiation.

SECTION 2. It is agreed by and between the parties that the City of Duncan Health Benefit Committee is comprised of representatives from different departments to include two representatives from the Police Department. The Personnel Director, Finance Director and a representative from the 3rd party administrator will also serve on the committee, with the Personnel Director chairing said committee.

The Health Insurance Program shall be amended consistent with the insurance program funded by City Council through their action to adopt the fiscal year budget and in consideration of the Health Benefit Committee’s recommended Health Insurance Program.

There will be no less than two (2) meetings per year with the first meeting being held at the beginning of the budget process (around the 1st of August) to review the performance of the 3 rd party administrator, the projected budgetary cost and necessary reserves; alternate ways of meeting these costs and what the premium should be for the upcoming fiscal year. The second meeting will be primarily for the purpose of looking at any concerns that have been brought to the attention of the Committee relative to service and performance issues. The Committee’s recommendation will be given to the City Manager for his/her review and recommendation and then presented to City Council for budgetary purposes prior to implementation.

SECTION 3. During the term of this Agreement, Employees shall continue to receive the other leaves set out in Chapter VII of the City of Duncan Personnel Manual, as if set forth herein. (A copy of Chapter VII of the Personnel Manual is

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attached for the purpose of reference.)

SECTION 4. SICK LEAVE A. Sick leave will accrue on a bi-weekly basis as follows:

Hire date through completion of 10 years 3:41 hoursMore than 10 years of continuous service 7:23 hours

B. Sick leave will accrue with no maximum. 1. Upon separation, an Employee shall not be paid for any unused sick leave. 2. At retirement, Officers will receive compensation for fifteen (15) percent of up to a maximum of 1040 hours of the total amount of his/her accrued sick leave. Officers retiring after 20 years of service with the City of Duncan will receive compensation for twenty (20) percent of up to a maximum of 1040 hours of the total amount of his/her accrued sick leave. Compensation for accrued sick leave shall be at the employee’s hourly rate plus incentives.

C. Employees may use accumulated sick leave for the following purposes:

1. When the employee is incapacitated by sickness or non-job related injury, or for medical, dental, or optical diagnosis or treatment.

2. (a) For sickness or injury to a family member(defined as husband, wife, son, daughter, mother, father, including foster and step situations within these relationships or other relative) living in the same house as the employee, which is serious enough to warrant the employee’s presence, the employee shall be allowed to use his/her personal sick leave for the time off.

(b) The Police Chief, in his discretion or his designee, may approve the use of accrued sick leave for sickness or injury to a family member as defined in 2(a) above and for the purposes as set forth in 2(a) above who live outside the home of the employee. The employee shall be limited to a maximum of 85 hours sick leave use from his/her accruals within a twelve (12)month period. This benefit is not cumulative.

3. Officers may be sent home for health reasons or after exposure to a contagious disease when the attendance on duty would jeopardize the health of others when the Chief or his/her designee determines that it is in the Department’s best interest. Under these circumstances the employee shall be given sick leave.

4. Officers may, on a pro-rata basis donate sick leave on a dollar for dollar basis. a. Donations will be voluntary and accepted only after an officer has made a request for assistance through a

member of the executive board. The request will be posted and documentation on any donations will be forwarded to the City of Duncan Personnel office.

D. Any employee who is discovered misusing sick leave privileges may be subject to disciplinary action up to and including dismissal.

E. Sick leave will not accrue in any pay period in which the Employee did not work at least one calendar day during the pay period, due to absences covered by Worker’s Compensation.

F. Accrued sick leave will be used before any unpaid leave is allowed.

G. An employee who is suspected of abusing sick leave may be required to present the supervisor with medical certification at the discretion of the Chief of Police. The Chief of Police or his/her designee may require a medical release from any Employee who uses three (3) or more successive working days of sick leave for a serious illness or injury approving the Employee’s return to work and resumption of normal duties.

H. Light Duty – This applies to covered members unable to work due to personal injury or illness. This does not apply to

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injury or illness covered under the state Workers Comp system.1. Return to Work – When an employee who is off due to a personal injury or illness receives a work release that is

less than a full duty release (modified duty), the employee will be given a modified duty assignment within their work restrictions to perform for a limited amount of time. The Police Chief will work with the Personnel Director and the employee’s supervisor to determine appropriate work duties.

2. Task Assignments – The goal of this policy is to create a list of tasks for the individual employee that matches the prescribed physical limitations. This may include the following, although this list is not all-inclusive: work in records or file pawn tickets, wait on customers at municipal court while court is in session.

3. Restrictions on Modified Duty Assignments*No guarantee of work. The Duncan Police Department will endeavor to return employees to gainful

employment as soon as possible by exploring modified duty assignments. However, the modified duty assignment must be structured so that the employee has enough duties to keep him/her occupied for the entire shift. Due to this, the City does not guarantee the availability of modified duty work.

*Review. Modified duty assignments are temporary assignments intended to complement and facilitate the healing process. The Police Chief will review, with the Personnel Director, the employee’s current supervisor and the attending physician, the progress and utility of continued assignment to a modified duty position. Modified duty assignments extending beyond 12 weeks require the review and approval of the Police Chief, Personnel Director and City Manager.

*Expected Return to Work. Modified duty assignments shall be made only when there is a reasonable expectation that such assignment will terminate with the employee’s return to full duty in his/her current position.

ARTICLE XVUNIFORMS/EQUIPMENT/CLOTHING ALLOWANCE

SECTION 1. The uniforms shall be of design agreed upon between the bargaining unit and the Police Chief. Specific brands and models will be identified and agreed upon so that the items can be placed out for bids. Officers must purchase through the authorized vendors to ensure uniformity and getting the best purchase prices available. Purchases shall be requisitioned through departmental purchasing procedures

A. The City of Duncan and FOP recognize that the Union does not negotiate for probationary officers. However, new officers will receive uniforms and associated equipment as identified in Addendum 5-A. This section applies only to officers hired after July 1, 2001. Serviceable items of the right size in the clothing and equipment inventory will be issued before new uniforms or equipment items are purchased. This portion of the agreement is not to be construed as setting precedent for the Local to bargain for probationary officers since the items listed are consistent with uniforms and equipment needed for uniformed officers.

B. Uniformed officers will receive an annual allotment of $735 for the purchase of uniforms and associated equipment appearing on either Addendum 5-A or Addendum 5-B. Items not appearing on either addendum are not authorized for duty wear. Either Addendum can be changed with mutual agreement between the bargaining unit and the police chief. Officers must utilize the allotment to ensure they report for duty in uniforms that are serviceable as determined by their supervisors. This amount shall be paid directly to each employee.

C. Plain clothes officers will receive an annual allotment of $735 for the purchase of clothing and associated equipment appearing on either Addendum 5-A or 5-B as approved by the police chief. Either Addendum can be changed with mutual agreement between the bargaining unit and the police chief. This amount shall be paid directly to each employee.

D. Uniforms and equipment for special assignments will be provided as identified in Addendum 5-C for officers selected to participate in those assignments as funding allows. Officers assigned to these functions may also purchase these items with their annual allotment.

E. At the Police Chief’s sole discretion, an additional uniform/clothing allowance up to $400 may be approved for officers transferred or promoted from one division to another. Factors that may be considered include the date of the transfer within the fiscal year and unencumbered funds available in the affected officer’s clothing account.

SECTION 2. Each officer will be provided a cleaning allowance of $735 per year, payable on the last non-payday Wednesday in January, for the cleaning of uniforms or for civilian clothing for those officers required to wear civilian attire. This amount shall be paid directly to each Employee.

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SECTION 3. Uniforms and Equipment to Be Retained by Officers:A. Officers employed prior to July 1, 2001 have the option of retaining all uniforms and equipment purchased for

them prior to that date either as initial issue or through annual clothing allowance.B. Officers employed after July 1, 2001 who retire, shall be allowed to retain one pair of uniform trousers, one

uniform shirt, one set of collar brass, one name plate, one uniform hat or cap (as applicable), one hat badge (if applicable), one shirt badge and an ID card designating the officer as retired.

C. All uniforms and pieces of equipment not specifically identified in paragraphs a and b which are purchased after July 1, 2001 will be turned in upon separation from service.

D. Subsequent to 20 years of service, an officer may retire and will be given his choice of his duty handgun or his duty shotgun as a part of his retirement compensation.

SECTION 4. Compensation for Items Damaged in the Performance of duty.A. An account shall be maintained, and the balance at the beginning of each fiscal year shall be $1,000.00. These

monies shall be used to compensate (by replacement or reimbursement) officers for items damaged while in performance of their job.

B. Request for compensation shall be accompanied by a statement from the officer’s supervisor.

SECTION 5. Any officer who is off probation and lives within Stephens County will be given a take home car based on availability and seniority. Any K9 officer who lives within the county will be given an unmarked take home car for the purpose of transporting the K9 to and from work. All officers with a take home vehicle will be required to keep a mileage log in the vehicle which is required to indicate mileage from workplace to homestead. It is further agreed that Police vehicles are not intended to replace officers’ personal vehicles.

ARTICLE XVIWAGES AND ALLOWANCES

SECTION 1. Pay & ClassificationA. The current Classification and Pay Scale will be attached hereto as Addendum #1. For the contract year

2013 the City and FOP agree that each officer/employee will receive a 5% hourly wage increase.B. For purposes of this contract step increases and pay for performance increases will not apply. However,

the City and FOP agree to negotiate a new pay plan and classification schedule to begin April 1, 2013.C. The city and FOP agree that they will discuss wages of probationary police officers at a more

competitive level within 6 months of the execution of this contract for the year 2013 only.SECTION 2. The pay-for-performance evaluation system is attached hereto and made a part thereof as “Addendum

6 ”.

SECTION 3. In the event an Employee receives a promotion to a higher rank, he/she will receive a salary adjustment in that grade to equal or exceed his/her prior pay at the lower rank.

SECTION 4. Any Employee assigned to morning shift, 11:00 P.M. - 7:30 A.M., will be paid an additional $.75 per hour while assigned to said shift. Any Employee assigned to evening shift, 3:00 P.M. - 11:30 P.M., will be paid an additional $.40 per hour while assigned to said shift. This provision shall not restrict the City’s right to change shift start and stop times. Changes in shift start and stop times shall not deprive Employees of the shift differentials provided above.

SECTION 5: Any Employee assigned as a K-9 Officer while administering off duty K-9 care, shall be compensated in the following manner:A.1 It is mutually agreed between FOP. and the City that off duty time associated with K-9 care work is 1 hour per day,

365 days a year and annually determined to be 365 hours.A.2 When the dog must be taken to the veterinarian, the officer will take the dog during duty hours when possible. When

the dog must be taken to the veterinarian during off-duty hours, the officer will be compensated for the time spent in travel and at the veterinarian in addition to the care time set forth in A.1 above and at the rate of pay as provided for in B.2 below.

A.3 No additional K-9 duty pay will be provided for court, transporting the dog to or from work assignments, picking up dog food or supplies, grooming, feeding, or kennel care. The purpose of the K-9 pay is to compensate the officer for

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this work when the officer is off duty.B.1 All off duty time associated with K-9 care work will be paid at the time and one-half rate as provided for in 5-B.2

below. The K-9 officer will receive pay for this work as part of the normal bi-weekly pay check.B.2 The base rate pay for off duty K-9 care work is at 100% of the entry pay step of the Animal Control Officer position,

grade 53, step A within the City of Duncan job classification by grade and general employee salary schedule adopted for fiscal year 03-04 and as may be amended by council action in future fiscal years. Example: The 03-04 fiscal year rate of pay for the Animal Control Officer is $9.16 per hour. The Duncan base pay for K-9 care shall be 100% of that hourly rate and at time and one-half, $13.74 per hour. Considering 1 hour per day allocated for off duty K-9 care, the time and one-half daily pay would equal $13.74 with a resulting annual cumulative benefit of $5015.10 ($13.74 x 365 days).

C. It is agreed that this procedure for K-9 care shall not establish precedent or affect any other provision of this contract.D. There are a maximum of three (3) K9 positions in the Duncan Police Department.

SECTION 6. Employees are eligible for reimbursement of expenses incurred on official assignments. Such reimbursements refer to cost incurred in travel, food, lodging, and transportation. These expenses must be submitted in writing on a formal request form provided by the City Clerk. This request must be submitted in advance to the Employer for approval. Expenses will be reimbursed following IRS guidelines.

SECTION 7. Employees will be compensated for holding an Intermediate or Advanced Certificate as recognized by C.L.E.E.T. Employees will be compensated for a degree in the field of police protection, criminal justice, sociology or psychology (or with a major in these fields if the institution does not offer such a degree) as follows:

Associate Degree $ .75 per hourBachelor Degree $1.25 per hour

Masters Degree $1.80 per hour

Intermediate Certificate $ .75 per hour

Advanced Certificate $ 1.25 per hour

Doctorate Degree$700 max per year

C.L.E.E.T. Certificate incentive shall be included in the Employee’s regular biweekly paycheck upon the City’s receipt of a copy of their C.L.E.E.T. Certificate.

Educational incentive shall be included in the Employee's regular biweekly paycheck upon the City's receipt of an official (sealed) college transcript showing the conferring of the degree.

Employees shall only be compensated for either the C.L.E.E.T. Certificate or a college degree, not both.

SECTION 8. Police Officers and Sergeants will receive an additional fifteen dollars ($20.00) per shift for service as a FTO. for the shifts they are assigned in writing to train.

SECTION 9. Uniformed personnel assigned to the SRT team will receive an additional twenty five dollars ($25.00) per pay period. There are a maximum of 18 members on the SRT team.

ARTICLE XVIILONGEVITY

The purpose of longevity pay is to encourage retention of employees who have, over time and through community investment, become well trained and experienced in providing effective law enforcement services.

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SECTION 1. Each continuously employed member of the bargaining unit who:a. has completed three (3) consecutive years employment in the Duncan Police Department on or before

November 1st.b. is employed in the Duncan Police Department on November 1st shall be qualified to receive longevity pay.c. Employees who retire shall be compensated on a pro-rata basis for longevity pay which the employee

would otherwise qualify for in Section 1 above.

SECTION 2. The Employer agrees that the longevity pay shall be computed at the rate of eighty-four dollars ($84) for each year of continuous service not to exceed twenty five (25) years.

SECTION 3. (a) Longevity pay shall be made annually on the third Wednesday of November to qualified employees of the

bargaining unit.(b) Longevity pay for qualified employees will change on the employee's employment date in the Duncan Police

Department each year up to the maximum set forth in Section 2 above.(c) Longevity pay will be made only to employees who qualify as provided for in Section 1 above.

ARTICLE XVIII

IN HOUSE TRAINING

SECTION 1. The City shall provide for each officer not less than two (2) hours per month of in service training at no expense to the officer. The training shall be provided in an effort to assist the officers in the performance of their official duties.

SECTION 2. Each Duncan Police Officer will be allowed one hundred (100) rounds of practice ammunition per month up to twelve hundred (1200) rounds annually for practice ammunition upon their request. Ammunition allotments will be made once per year as it is available. Ammunition not acquired by the officer within one month after the allotment period will be forfeited.

ARTICLE XIXDUES CHECK OFF

SECTION 1. The Employer agrees to deduct regular monthly FOP dues from earned wages of those Employees who individually request such deduction and sign an authorization card provided by the I.U.P.A and approved by the Employer, authorizing the stated monthly dues deduction be made. The deduction shall be made from each paycheck in an amount certified to be current by the Treasurer of the FOP. A check for the total deductions will be mailed to the Treasurer of the FOP. no later than fifteen (15) calendar days after the deduction is made. The payroll deduction shall be revocable by the Employee notifying the Employer in writing. The FOP shall be notified of any revocation.

SECTION 2. The Employer will deduct only FOP. dues from the Employee's paycheck and will not deduct initiation fees, special assessments, fines or any other deduction except for dues. However, Employer will deduct as reimbursement one-half (1/2) of one (1) percent to cover cost of providing this service. In the event of an increase or decrease in FOP dues, FOP will give Employer thirty (30) days notice in order to allow Employer sufficient time to make the proper changes in its accounting records. No deduction will be made when the salary to be paid an Employee is not sufficient to cover the amount to be deducted.

SECTION 3. The Employer will provide the FOP Treasurer with a detailed report showing the individual Employee's name and deduction amount at time of payment.

SECTION 4. All deductions will be for the month in which they are taken. All deductions, at the time of termination or resignation, will be refunded by the FOP. The Employer shall not be responsible for errors. In the case an error or improper deduction is made by the Employer, a proper adjustment of the same shall be made by the FOP with the Employee affected.

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SECTION 5. The FOP shall indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Employer on account of payroll deduction of FOP dues.

ARTICLE XXPROMOTION PROCEDURES

NOTE: THIS ARTICLE MAY BE CHANGED BY MUTUALCONSENT OF THE FOP. AND CITY

SECTION 1. Addendum #2 outlines the procedures to be utilized for those positions recognized by Article II, Section 1 of this agreement of the Duncan Police Department

ARTICLE XXIPHYSICAL EXAMINATIONS

SECTION 1. The City will, if specific funds are budgeted, provide a full physical examination biennially on a first come, first served basis. No more than one-half (1/2) of the sworn officers will be scheduled during the City fiscal year. The medical care provider shall use the “Physical Examination Form” attached hereto as Addendum #3". Said examination shall cover the areas included on the form in an attempt to identify any type of illness the member may have.

SECTION 2. The City and the FOP. agree that the purpose of the biennial exam is early identification of problems or illnesses that bargaining unit members may incur so as to lessen the severity of said illnesses in an effort to keep employees healthy and working.

SECTION 3. The intent of this section shall be to provide to the Employee a physical examination to guide the employee on current health problems and a method to lessen said problems found.

This process does not include the Employer attempting to use this information for disciplinary reasons or causes.ARTICLE XXII

WORKERS COMPENSATION

SECTION 1. Workers Compensation shall be in accordance with the Oklahoma Police Pension and Retirement System Section 50.116.1.

ARTICLE XXIIIALCOHOL AND CONTROLLED

SUBSTANCE POLICY AND TESTING PROCEDURES

SECTION 1. Employer, FOP. and Employee agree to implement and be bound by the Alcohol and Controlled Substance Policy and testing procedures attached hereto as Addendum #4" and incorporated herein by this reference.

ARTICLE XXIVSAVINGS CLAUSE AND SUBORDINATION

SECTION 1. If any Article or Section of this Agreement or any provision thereof should be held invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal pending final determination as to its validity, the remainder of this Agreement shall remain in full force and effect and shall not be affected thereby.

SECTION 2. In the event that any provision of this Contract shall conflict with the Policies and Procedures Manual of the City of Duncan, the Duncan Police Operations Manual, or any other personnel, policy, or procedural directive of the City of Duncan, then, and in that event, this Contract shall be controlling and the conflicting publication shall be subordinate thereto.

CITY OF DUNCAN

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By:___________________________________________Gene Brown, Mayor

__________________________________________James M. Frieda, City Manager

ATTEST:

__________________________________Patti Clift, City Clerk

FOP Lodge 99 By:_____________________________________________

Dustin Smith, PresidentATTEST:

______________________________________Julio Alvarez, Secretary

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ADDENDUM # 1FOP PAY PLAN

FY 2013

Annual salary based on 2210 hours

POSITION STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H STEP I

Grade TITLE

55PROBATIONARY POLICE OFFICER $28,695.07 $30,129.82

$12.98 $13.63

56 POLICE OFFICER $

Hourly 15.91 16.70

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MASTER OFFICER/DETECTIVE/

K-9

Hourly 16.70 17.53 18.41 19.33 20.30 21.31 22.38 23.50 24.68

61 SERGEANT

Hourly 25.42 26.69

62 LIEUTENANT

Hourly 28.02 29.42

66 CAPTAIN

Hourly 30.89 32.44

Probationary Police Officer – Non-certified 55/AProbationary Police Officer – Certified 55/B

5% Market increase applied to the 1/1/12 Pay Plan for grades 56 and above; not applied to probationary grade.

Cities to be used for market survey: Ada, Altus, Ardmore, Bartlesville, Chickasha, El Reno, Lawton, McAlester, Shawnee, Stillwater, Yukon

With regard to FY2013: Increases in compensation or performance bonuses as referenced in Addendum #6 (Pay for Performance Evaluation System) were not funded as a result of specific action taken by City Council.

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ADDENDUM NO. 2

PROCEDURES FOR PROMOTIONS WITHIN THE DUNCAN POLICE DEPARTMENT

I. PURPOSE -The purpose of this policy is to describe the established procedures for use by the Police Department in determining eligibility of sworn members of the Police Department for promotional consideration.

II. PROCEDURE -

A. GENERAL -1. These procedures determine eligibility of sworn members of the Police Department for promotional consideration. This

policy establishes minimum standards including:a. Meeting a specified minimum time in grade, andb. Successfully completing all testing requirements, andc. Possessing minimum personal health standards.

2. All persons who meet the minimum qualifications shall be eligible to enter the promotional process. Those remaining who are not promoted shall be eligible to reenter the promotional process each time a new list is established.

3. Any officer assigned to be a K-9 handler who is promoted to a supervisory position will be required to relinquish his or her position as a K-9 handler at some point prior to the end of the promoted officers 6 month probationary period. At that point an able K-9 will be reassigned to a new officer.

B. MINIMUM QUALIFICATIONS. Captain- The Chief of Police will fill vacancies for the Captains’ positions by appointment. All officers with a minimum rank of Master Officer and a minimum of ten (10) years of continuous service with the Duncan Police Department are eligible for appointment.. Lieutenant – All officers with a minimum rank of Master Officer and a minimum of seven (7) years of continuous service as a commissioned officer with the Duncan Police Department or must have one year service as a Sergeant with the Duncan Police Department.. Sergeant – All officers with a minimum rank of Master Officer and a minimum of five (5) years of continuous service as a commissioned officer with the Duncan Police Department.. Investigator – All officers with a minimum rank of Master Officer and a minimum of three (3) years of continuous service as a commissioned officer with the Duncan Police Department.. Master Officer -

a. There is no cap or limit on the number of Master Officers.b. All officers with a minimum of three (3) years of continuous service as a commissioned officer with the Duncan Police Department or with a minimum of two (2) years of continuous service as a commissioned officer with the Duncan Police Department and at least two (2) years service as a commissioned officer within the previous five (5) years in an Oklahoma municipality or an Oklahoma Sheriff’s Department, and with overall annual evaluations of meets expectations or above for each of the years at the Duncan Police Department.

C. MASTER OFFICER1. All personnel eligible for promotion to Master Officer and who want to be considered for selection to Master Officer must

submit a letter of intent or a resume along with supporting documents which the individual feels are important for consideration for the Master Officer position to his/her shift sergeant by a date determined or specified by the Chief of Police or his appointed representative.

2. All letters of intent or resumes will then be forwarded to the Patrol Captain who will review materials to insure candidates meet requirements.

3. All letters of intent or resumes will then be forwarded to a Master Officers review board for consideration on a date and time determined or specified by the Chief of Police or his appointed representative.

4. The Master Officers review board will consist of 5 Master Officers not being considered for selection randomly chosen from a random drawing until a 5 member board has been reached. In the event a 5 member board of Master Officers cannot be reached Police Officer(s) will be randomly chosen from a random drawing until a 5 member board of Master Officers/Police Officers can be reached.

5. The Master Officers review board will meet collectively and discuss and review the applicant resumes or letters of intent. The board will then make a recommendation to the Sergeants review board for advancement.

6. The Sergeants review board will consist of all personnel currently holding the rank of Sergeant.7. The Sergeants review board will meet collectively and discuss and review the forwarded applicant resumes or letters of

intent. The Board will then make a recommendation to the Lieutenants review board for advancement.8. The Lieutenant review board will consist of all personnel currently holding the rank of Lieutenant.9. The Lieutenant review board will meet collectively and discuss and review the forwarded applicant resumes or letters of

intent. The board will then make a recommendation to the Command review board for advancement.

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10. The Command review board will consist of the Chief of Police, the Assistant Chief of Police if existing, the Administrative Captain and the Patrol Captain.

11. The Command review board will meet collectively and discuss and review the forwarded applicant resumes or letters of intent. The board will then select the candidate for promotion.

12. The Chief of Police may make the final selection.13. No promotion list will be maintained, the above selection policy will be used each time a vacancy exists.

*Officers will only be allowed to sit on one board*

D. DETECTIVE1. All personnel eligible for promotion to Detective and who want to be considered for selection to Detective must submit a

letter of intent or a resume along with supporting documents which the individual feels are important for consideration for the Detective position to his/her shift sergeant by a date determined or specified by the Chief of Police or his appointed representative.

2. All letters of intent or resumes will then be forwarded to the Administrative Captain who will review materials to verify the candidates meet requirements.



5. The Master Officers review board will meet collectively and discuss and review the applicant resumes or letters of intent. The board will then select and rank all applicants and forward the top 12 applicants to the Sergeants review board.

6. The Sergeants review board consist of all personnel currently holding the rank of Sergeant.7. The Sergeants review board will meet collectively and discuss and review the forwarded applicant resumes or letters of

intent. The board will then select and rank all applicants and forward the top 6 applicants to the Lieutenant review board.8. The Lieutenant review board will consist of all personnel currently holding the rank of Lieutenant.9. The Lieutenant review board will meet collectively and discuss and review the forwarded applicant resumes or letters of

intent. The board will then select and rank all applicants and forward the top 3 applicants to the Command review board.10. The Command review board will consist of the Chief of Police, the Assistant Chief of Police if existing, the

Administrative Captain and the Patrol Captain.11. The Command review board will meet collectively and discuss and review the forwarded applicant resumes or letters of

intent. The board will then select the top candidate for promotion.12. The Chief of Police may make the final selection.13. No promotion list will be maintained, the above selection policy will be used each time a vacancy exists.


E. SERGEANT1. All personnel eligible for promotion to Sergeant and who want to be considered for promotion to Sergeant must submit a

letter of intent or a resume along with supporting documents which the individual feels are important for consideration for the Sergeants position to his/her shift sergeant by a date determined or specified by the Chief of Police or his appointed representative.

2. All letters of intent or resumes will then be forwarded to the Patrol Captain for patrol sergeant openings and the Administrative Captain for investigative sergeant openings who will review materials to verify the candidates meet requirements.



5. The Master Officers review board will meet collectively and discuss and review the applicant resumes or letters of intent. The board will then select and rank all applicants and forward the top 12 applicants to the Sergeants review board.

6. The Sergeants review board will consist of all personnel currently holding the rank of Sergeant.7. The Sergeants review board will meet collectively and discuss and review the forwarded applicant resumes or letters of

intent. The board will then select and rank all applicants and forward the top 6 applicants to the Lieutenant review board.8. The Lieutenant review board will consist of all personnel currently holding the rank of Lieutenant.9. The Lieutenant review board will meet collectively and discuss and review the forwarded applicant resumes or letters of

intent. The board will then select and rank all applicants and forward the top 3 applicants to the Command Review Board.10. The Command review board will consist of the Chief of Police, the Assistant Chief of Police if existing, the

Administrative Captain and the Patrol Captain.11. The Command review board will meet collectively and discuss and review the forwarded applicant resumes or

letters of intent. The board will then select the top candidate for promotion.

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E. LIEUTENANT1. All personnel eligible for promotion to Lieutenant and who want to be considered for promotion to Lieutenant

must submit a letter of intent or a resume along with supporting documents which the individual feels are important for consideration for the Lieutenant position to his/her shift lieutenant by a date determined or specified by the Chief of Police or his appointed representative.

2. All letters of intent or resumes will then be forwarded to the Patrol Captain for patrol lieutenant openings and the Administrative Captain for investigative lieutenant openings who will review materials to verify the candidates meet requirements.


4. The Master Officers review board will consist of 5 Master Officers not being considered for selection randomly chosen from a random drawing until a 5 member board has been reached. In the event a 5 member board of Master Officers cannot be reached, Police Officer(s) will be randomly chosen from a random drawing until a 5 member board of Master Officers/Police Officers can be reached.

5. The Master Officers review board meet collectively and discuss and review the applicant resumes or letters of intent. The board will then select and rank all applicants and forward the top 12 applicants to the Sergeants review board.

6. The Sergeants review board will consist of all personnel currently holding the rank of Sergeant not being considered for promotion. In the event a 5 member board of Sergeants cannot be reached, Master Officers not being considered for promotion to Lieutenant will be randomly chosen from a random drawing until a 5 member board of Sergeants/Master Officers can be reached.

7. The Sergeants review board will meet collectively and discuss and review the forwarded applicant resumes or letters of intent. The board will then select and rank all applicants and forward the top 6 applicants to the Lieutenant review board.

8. The Lieutenant review board will consist of all personnel currently holding the rank of Lieutenant.9. The Lieutenant review board will meet collectively and discuss and review the forwarded applicant resumes or

letters of intent. The board will then select and rank all applicants and forward the top 3 applicants to the Command review board.

10. The Command review board will consist of the Chief of Police, the Assistant Chief of Police if existing, the Administrative Captain and the Patrol Captain.

11. The Command review board will meet collectively and discuss and review the forwarded applicant resumes or letters of intent. The board will then select the top candidate for promotion.



G. CAPTAIN1. All personnel eligible for promotion to Captain and who want to be considered for promotion to Captain must

submit a letter of intent or a resume along with supporting documents which the individual feels are important for consideration for the Captain position to his/her shift lieutenant by a date determined or specified by the Chief of Police or his appointed representative.

2. All letters of intent or resumes will then be forwarded to a Lieutenant/Sergeants/Master Officer/Detective review board for consideration on a date and time determined or specified by the Chief of Police or his appointed representative.

3. The Lieutenant/Sergeants/Master Officers/Detective review board will consist of at least 1 Lieutenant and 1 Sergeant not eligible for promotion (if available) and Master Officers/Detectives randomly chosen from a random drawing until a 5 member board has been reached.

4. The Lieutenant/Sergeants/Master Officers/Detective review board will meet collectively and discuss and review the applicant’s resumes or letters of intent.

5. The Lieutenant/Sergeants/Master Officers/Detective review board will then select and rank up to 6 candidates to be forwarded to the Command review board for consideration. If less than 6 candidates apply for the position of Captain all candidates will be ranked and forwarded for consideration.

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6. The forwarded candidates resumes or letters of intent will then be submitted to the Command review board for consideration on a date and time to be determined by the Chief of Police or his appointed representative.

7. The Command review board will consist of the Chief of Police, the Assistant Chief of Police if existing, and Administrative Captain or the Patrol Captain.

8. The Command review board will meet collectively and discuss and review the forwarded applicant resumes or letters of intent. The board will then select the top candidate for promotion.



H. To be eligible for promotion, and employee must accrue and maintain all of the following minimum requisites in the rank for which they are presently assigned as indicated below:

1. Received no disciplinary action more severe than a written counseling slip within the twelve (12) months immediately preceding the date of the written promotional examination.

2. Maintenance of an overall rating of “Meets Expectations” or above employee performance evaluation for the last twelve (12) months immediately preceding the date of the written promotional examination.

3. No officer will be eligible for consideration for promotion while on probation for any disciplinary reason. Officers on promotional probation are exempt.

I. 1. Any personnel eligible for assignment to the K-9 division who want to be considered for the opening must submit a letter of intent or a resume along with supporting documents which the individual feels are important for consideration for the K-9 position to his/her shift sergeant by a date determined or specified by the Chief of Police or his appointed representative.

2. All letters of intent or resumes will then be forwarded to the Patrol Captain who will review materials to insure candidates meet requirements.

3. All letters of intent or resumes will then be forwarded to a K-9 board that will consist of the current K-9 officers and former K-9 officers until a board of 5 members is selected.

4. The K-9 board will then choose a new K-9 handler and the assignment will begin on the beginning date of the next pay period following his or her selection.

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ADDENDUM # 3PHYSICAL EXAMINATION FORM FOR POLICE OFFICERS

Name: __________________________________________________ SSN: ____________________________

Address:_________________________________________________________________________________

SSN: ________________________________________Date of Birth: __________________ Age: ___________

HEALTH HISTORY

Yes No Yes No Yes No Head or Spinal Injuries Syphilis Kidney Disease Seizures, fits, convulsions, Gonorrhea Muscular Disease

or fainting Diabetes Suffering from any other disease Extensive confinement by illness Gastrointestinal Permanent defect from illness,

or injury Ulcer disease or injury Cardiovascular disease Nervous stomach Psychiatric disorder Tuberculosis Rheumatic Fever Any other nervous disorder

AsthmaIf answer to any of the above is yes, explain:

PHYSICAL EXAMINATIONGeneral Appearance and Development: Good: Fair: Poor: _________________ Vision: For distance: Right

20/ Left 20/ Both 20/ W/O corrective lenses With corrective lenses if worn. Evidence of disease

or injury: Right Left:__________________ Color Test: Horizontal field of

vision: Right Left _____

Hearing: Right Ear Left Ear Disease or injury__________________ Audiometric Test

(complete only if audiometer is used to test hearing) decibel loss at 500 Hz __________ at 1,000 Hz at 2,000 Hz

__________________ Throat

Thorax: Heart Blood pressure:

Systolic Diastolic ____________________ Pulse: Before exercise

Immediately after exercise Lungs

Abdomen: Scars Abnormal masses Tenderness Hernia: Yes No

If so, where? Is truss worn? _______________ Gastrointestinal: Ulceration: Yes No

Rectal exam (Age 40) Occult Blood Genito-Urinary:

Reflexes: Romberg Pupillary Light R L ______________ Accommodation

Right Left ___________________ Knee Jerks: Right: Normal

Increased Absent _____________________ Left: Normal Increased

Absent

Remarks: Extremities: Upper

Lower Spine Laboratory and other Special Findings: Urine: Spec. Gr.

Alb. Sugar General Comments/Recommendation:

Date of examination Address of Medical Examiner Name of Medical Examiner

Signature of examiner

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ADDENDUM 4

CITY OF DUNCANALCOHOL AND CONTROLLED SUBSTANCES POLICY

ANDTESTING PROCEDURES

Employer, FOP. and Employee agree to implement and be bound by the following Alcohol and Controlled Substance Policy and Testing Procedure.

Section 1 Policy Statements

1.1 The City of Duncan shall act to minimize substance abuse among its employees and maintain a drug free work place in order to reduce the potential for accidents, absenteeism, substandard performance and poor employee morale. To that end, it shall be a condition of employment to abide by the provisions of this policy.

1.2 It shall be a condition of employment that the employees abide by the terms and conditions as set forth within this policy. Employees violating the terms and conditions of employment shall be subject to termination of employment.

1.3 Employees shall consent to drug and/or alcohol screening as required under the circumstances set forth within this policy.

1.4 The City of Duncan shall encourage employees with substance abuse problems to seek voluntary treatment. To that end, no disciplinary action shall be taken against employees who, prior to a request for screening:

(1) identify themselves as having substance abuse problems;

(2) seek voluntary treatment for substance abuse;

(3) abstain from violation of the conditions of employment set forth herein; and

(4) agree to at will testing.

1.5 Nothing in this policy shall be interpreted as a waiver of management's right to take measures to maintain discipline and a safe environment or to respond to unsatisfactory job performance, misconduct, or excessive absenteeism under other provisions of the Personnel Manual of the City of Duncan.

Section 2 Affected Participants

2.1 Participants affected by the scope of this policy include the following:

1. Employees of the City of Duncan. This policy shall apply to all full-time, part-time, and temporary employees, including those people performing work for the City of Duncan, but paid by another agency. (i.e. ASCOG, DHS, Temporary Employment Service, etc...)

2. Applicants for Employment. Any individual applying for employment will be required to complete pre-employment testing after the City of Duncan has extended a conditional offer of employment.

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Section 3 Substances Restricted by this Policy

3.1 Any employee while on duty, while in, on, or using City property, or while on the property or job site of a customer, is explicitly restricted as follows:

(1) Narcotics, Illegal Drugs, Inhalants, or other Contraband Substances. The manufacture, use, possession, distribution, transportation, or sale of narcotics, illegal drugs, controlled substances, designer drugs, inhalants, or drug paraphernalia is prohibited.

(2) Misuse of Legal Drugs and Inhalants. The misuse of legal drugs and inhalants is prohibited. Misuse includes, but is not limited to, use or possession of any drug for which an employee does not have a valid prescription, or possession in quantities greater than those prescribed.

(3) Alcohol or Intoxicating Beverages. The use, possession, transportation, distribution, or sale of alcohol or intoxicating beverages is prohibited.

3.2 For purposes of this policy, "City Property" is defined to mean all owned or leased real and personal property of the City of Duncan. This includes, without limitation, all boats, automobiles, trucks, equipment and machinery.

Section 4 Responsibilities of Individuals Covered by this Policy.

4.1 In order to comply with the provisions of this policy, each individual must assume the following responsibilities:

(1) Working Under the Influence of Performance-Impairing Medications. Employees who have been prescribed legal medications that could affect the safe performance of their duties, are required to notify their supervisor prior to performing any hazardous or dangerous tasks. This could include the operation of a motor vehicle, heavy equipment or machinery, work around or near hazardous chemicals or substances, or work in other dangerous or hazardous environments.

(2) Reporting to Work or Working While Impaired by a Restricted Substance. Employees may not report to work nor start working while impaired by any restricted substance as outlined in Section 3 of this policy.

(3) Reporting Violations. Many of the services provided by the City of Duncan are performed under hazardous and dangerous conditions; thus employees are encouraged to come forward and report violations to management. This information may be instrumental in the prevention of serious accidents or even fatalities that are directly tied to substance or alcohol abuse on the job.

Section 5 Testing

5.1 Timing and Requirements of Testing. The City of Duncan will require the testing of individuals covered by this policy under the following conditions.

(1) Pre-Employment. All applicants for employment who have been given a conditional offer of employment will be required to submit to a urinalysis prior to employment.

Offers of employment are made contingent upon passing the City of Duncan’s medical review, including the alcohol and drug test. Applicants who have received firm employment offers are to be cautioned against giving notice at their current place of employment, or incurring any costs associated

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with accepting employment with the City of Duncan until after medical clearance has been received. Under no circumstances may an employee perform a safety-sensitive function until a confirmed negative result is received.

(2) Post-Accident. The City of Duncan will require an employee to undergo drug or alcohol testing if there is a reasonable suspicion that the employee or another person has sustained a work-related injury or the City of Duncan's property has been damaged as a direct result of the employee's use of drugs or alcohol.

(3) Reasonable Suspicion. The City of Duncan will require an employee to undergo drug or alcohol testing if the employer has a reasonable suspicion that the employee has violated the employer's written policy.

(4) Right to Explain Test Results. After test results have been received, every applicant and employee will be given adequate opportunity to explain the test results by disclosing any information they feel is relevant to the testing process.

5.2 Testing Procedures. The City of Duncan is committed to providing the highest quality of testing to assure the accuracy of the results. Such testing procedures include the following:

(1) All testing shall be performed by a laboratory that is certified by the Oklahoma State Department of Health using established laboratory procedures and protocols. OSDH requires multiple blind samples to be submitted to each certified laboratory on a regular basis to confirm the accuracy of the laboratory's testing procedures.

(2) The laboratory will test for various substances as specified by the City of Duncan in Appendix Number 1.

(3) The laboratory will use gas chromatography/mass spectrometry (GC/MS) to confirm any initial positive test result.

(4) If a sample is shown to be positive for a particular substance, the remainder of the sample will be frozen for a period of one year from the date of collection. This frozen sample will be maintained for the sole purposes of confirming that a specified substance was present in the sample at the time of the initial testing.

(5) Confidentiality. Every applicant and employee may obtain information and records pertaining to their tests result by directing a written request to the Substance Abuse Administrator. This information will only be released as permitted or required by law.

Section 6 Disciplinary Action

6.1 Violations of the various provisions of this policy will result in disciplinary action up to and including termination. Such disciplinary action will vary according to circumstances as follows:

(1) Failing a Pre-employment Test. If a sample is found to contain any substance prohibited by this

policy, the applicant will be ineligible for employment.

(2) Use, Possession, Transportation, Distribution, or Sale of Restricted Substances. Employees found to have violated the provisions of this policy in the areas of use, possession, transportation, distribution or sale of restricted substances, will be subject to termination of employment.

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(3) Failure of an Employee to Cooperate with the City of Duncan's representative(s). Employees refusing to cooperate with an authorized City of Duncan representative's request to submit to testing as defined in the policy will be subject to termination of employment.

(4) Positive Lab, Test Results. Any employee receiving a confirmed positive test result will be subject to termination of employment.

Section 7 Definitions

7.1 Words and terms used herein shall have their normal and customary meaning unless clearly indicated to the contrary by the context of the usage. The following words, phrases and terms are defined as follows with respect to their application and usage within the Alcohol and Controlled Substances Policy of the City of Duncan.

Accident - Means any incident involving one or more of the following circumstances while on duty or engaged in the course or scope of business for the City of Duncan: (1) an accident involving one or more vehicles or pieces of equipment; (2) any personal injury; (3) damage to public or private real or personal property.

Alcohol - Means ethyl alcohol or ethanol.

Applicant - Means a person who has applied for a position with the City of Duncan.

At will screening - Means agreement to submit to screening beyond the normal requirements set forth in the Alcohol and Controlled Substances Policy for a specified period following an employee's return to work after voluntary treatment for substance abuse problems.

Board - Means the State Board of Health

City or City of Duncan - Means the City of Duncan, Oklahoma, a municipal corporation, and/or the Duncan Public Utilities Authority.

Commercial Motor Vehicle - (CMV) Defined by the Department of Transportation (DOT) as any self propelled or towed vehicles used on public highways to transport property or passengers if:

a) the vehicle has a gross weight rating or gross combination weight rating of 26,001 or more pounds; or

b) the vehicle is designed to transport more than 15 persons, including the driver; or

c) the vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under the regulations issued by the Secretary under the Hazardous Materials Transportation Act.

Confirmation test - means a drug or alcohol test on a sample to substantiate the results of a prior drug or alcohol test on the same sample and which uses different chemical principles and is of equal or greater accuracy than the prior drug or alcohol test.

Confirmed positive test result - Means a positive second test result for the same substance identified in the initial test.

Consent (to screening) - Means the provision of the sample or samples requested under the conditions set

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forth within this policy.

Drug - Means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein.

Drug or alcohol test - means a chemical test administered for the purpose of determining the presence or absence of a drug or its metabolites or alcohol in a person’s bodily tissue, fluids or products.

Equipment - Means any piece of machinery or implement used in an operation or activity in the course of an employee's assigned duties other than a vehicle.

Evidential Breath Testing device - (EBT) Means a device approved by the National Highway Traffic Safety Administration (NHTSA) that is designed to indicate the presence of alcohol by chemical reaction when exposed to an individual's breath.

Exempt CMV - Means the State of Oklahoma has exempted fire trucks from the rules requiring drivers of these vehicles to have Commercial Driver's Licenses (CDL).

Impaired (by) - Means an employee who while on duty, or in the course and scope of their employment, has alcohol, or any intoxicating beverage, illegal drug, narcotic, or controlled substance in his or her system to such an extent that a urine, blood, or EBT or any other test accepted by the scientific community, reports a positive test result for any such substance at or above the thresholds established for such substance in Appendix Number 1 to this policy.

Initial test - Means the first test performed on an employee's or applicant's urine sample or an EBT to detect the presence of substances and concentrations listed in Appendix Number 1 to this policy.

Refusal to consent - Means the verbal or written refusal to provide the required samples upon request or the physical failure of an employee to provide the required samples.

Screening - Means the provision upon request, under circumstances set forth in this policy, of urine and/or blood samples as required to test for the presence of substances listed in Appendix Number 1 to this policy, and/or the submission to a EBT.

Second test - Means a confirmatory test performed to verify a positive result of an initial test. Second tests shall be by gas chromatography/mass spectrometry test upon a portion of the original sample yielding a positive result in the initial test or, in the instance of an initial positive test for alcohol, by blood alcohol test.

Substance - Means alcohol, illegal drugs, prescription and over-the-counter medication, and any other substance that may be inhaled, injected, or taken by mouth that may affect an individual's job performance or judgement.

Substance Abuse Administrator - Means an employee of the City of Duncan and/or Duncan Public Utilities Authority designated by the City Manager to perform the duties assigned to such position within the Substance Abuse Policy.

Vehicle - Means any motorized equipment that may be legally operated upon a public street.

Section 8 Notice of Request for Screening

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8.1 Notice of a request for screening shall be provided to an employee by their immediate supervisor, department head or the Substance Abuse Administrator who shall:

(1) advise the employee of the reason for such request and the consequences of refusal to consent.

(2) assure that the required sample(s) are provided or document the employee's refusal to consent to screening.

Section 9 Sample Collection Procedures

9.1 Upon the employee's consent, the Substance Abuse Administrator, department head, or supervisor shall assure that the employee is taken to a designated sample collection site and provides a urine sample and/or is administered an EBT. Upon a positive EBT, the employee shall provide a blood sample in addition to the required sample of urine.

9.2 In the instance of screening due to reasonable suspicion, the employee shall be driven home or to another site following collection of the sample(s). The employee shall not be returned to their vehicle.

9.3 In the instance of injury requiring medical treatment, the Substance Abuse Administrator, department head, or supervisor shall secure the required sample(s) or document refusal to provide the sample(s) as quickly as practical.

9.4 In the case of conducting a urinalysis, the person handling the procedure should have the individual being tested unwrap and open a pre-sealed Chain of Custody Drug Testing Kit which will include the following items: Transport Bag, Urine Specimen Container, Integrity Seal, Tamper-proof tape, and Sample Identification Label. The individual being tested should then be escorted to the room used for sample collection.

Under no circumstances should any representative, agent or designee of the City of Duncan directly observe the individual in the process of producing a urine sample.

9.5 In the case of conducting a blood alcohol test, in the presence of the individual being tested, the person handling the procedure should open a pre-sealed chain of custody blood alcohol testing kit which will include the following items: Transport Bag, Blood Specimen Container, Integrity Seal, Tamper-Proof Tape, and Sample Identification Label. The individual being tested should be escorted to the room used to draw blood for alcohol testing. The site from which the blood will be drawn should be cleaned by a non-alcohol antiseptic wipe. Blood should be drawn by a qualified phlebotomist or other qualified nursing personnel.

9.6 After receiving an acceptable sample, the person handling the procedure, in the presence of the applicant/employee, should place the identification label on the sample container and fill in the requested information using a code number which is assigned to that specific applicant/employee and secure the sample container with tamper-proof tape. The applicant/employee and the person handling the procedure should both place their initials and the date on the tamper-proof tape, verifying that the sample was sealed in their presence.

Section 10 Testing and Reporting Procedures

10.1 For substances other than alcohol, the initial testing of employee samples shall be by immunoassay test to determine the presence of substances and quantities in accordance with Appendix Number 1, "Substances and Concentration Levels." A sample yielding a positive initial test result shall be given a second test by GC/MS to confirm the initial screening result.

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(1) A gas chromatography/mass spectrometry (GC/MS) test using a portion of the same sample used in the initial screening test shall be the method of confirming an initial positive test. Unless the second test confirms the initial screening, the testing laboratory shall report a negative result to the Substance Abuse Administrator.

10.2 Initial testing for alcohol shall be by administration of an Evidentiary Breath Test (EBT).(1) A positive preliminary EBT shall be confirmed by an initial EBT with a print-out. If the initial test

is positive, it shall be confirmed by blood alcohol test on a sample taken following the positive screening result. Unless the second test confirms the initial screening, the testing laboratory shall report a negative result to the Substance Abuse Administrator.

10.3 All drug and alcohol test results and related information, including, but not limited to, interviews, reports, statements and memoranda, are the property of the City of Duncan and, upon the request of the applicant or employee tested, shall be made available for inspection and copying to the applicant or employee to the extent required by law.

Section 11 Notice of a Confirmed Positive Test Result

11.1 An employee receiving a confirmed positive test result shall be notified in writing of such result and shall be placed on suspension with pay. Such notice shall advise the employee that he/she:

(1) has tested positive for the substances and quantities contained in the test results;

(2) is subject to termination;

(3) may request an additional confirmatory test by a laboratory meeting the requirements established by the State Board of Health for facilities doing urine analysis, at the employee's own expense;

(4) may request a confidential meeting with the Substance Abuse Administrator to determine if there is a legitimate explanation for the test results; and

(5) has the right to a hearing as set forth in Section 13, Pre-Determination Disciplinary Hearing, below.

Section 12 Disciplinary Action

12.1 The Substance Abuse Administrator shall determine to his/her satisfaction that there is no evidence that a confirmed positive test result is due to an unreported use of prescription drugs and that proper procedures were followed in requesting, handling and reporting of test results prior to recommending that employment be terminated.

Section 13 Pre-Determination Disciplinary Hearing

13.1 Upon notice of termination of employment an employee may request a pre-determination disciplinary hearing, in accordance with the procedures of the Personnel Manual.

Section 14 Applicant Testing

14.1 All applicants for positions will be required to undergo a drug test in conjunction with their pre-employment physical after a conditional offer of employment has been made.

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14.2 Any applicant receiving a confirmed positive test result, except as provided in 14.3 below, will be denied employment with the City of Duncan.

14.3 The use of controlled substances as part of a prescribed medical treatment under the supervision of a licensed physician will not result in elimination from consideration for employment, provided that such treatment does not adversely affect the applicant's ability to perform the essential functions of the position for which the applicant is being considered. Such finding shall be documented by a physician's report or statement.

Section 15 Reasonable Suspicion Testing

15.1 The City of Duncan shall require employees to undergo drug and/or alcohol screening if there is reasonable suspicion that the employee has violated the City of Duncan's Alcohol and Controlled Substances Policy.

15.2 "Reasonable suspicion" means a belief that an employee is using or has used drugs or alcohol in violation of the City of Duncan's Alcohol and Controlled Substances Policy, where such belief is based on specific objective facts and reasonable inferences drawn from those facts in light of experience. Among other things, such a belief may be based on any one or more of the following:

(1) Observable Phenomena: A belief may be based on observable phenomena, including but not limited to the physical symptoms or manifestations of being under the influence of a drug or alcohol while at work or on duty, or the direct observation of drug or alcohol use while at work or on duty.

(2) A Report of Use: A belief may be based on a report of drug or alcohol use while at work or on duty, provided by a reliable and credible source which has been independently corroborated.

(3) Evidence of Tampering: A belief may be based on evidence that an individual has tampered with a drug or alcohol test during his employment with the City of Duncan.

(4) Other Evidence: A belief may be based on evidence that an employee is involved in the use, possession, distribution, purchase, transfer, or manufacture of drugs while on duty or while on the City of Duncan's premises or while operating the vehicles, machinery or equipment of the City of Duncan.

15.3 The determination to request a screening on grounds of reasonable suspicion shall be made by either the Substance Abuse Administrator or the employee's department head.

(1) Employees observing actions or circumstances suggesting grounds for reasonable suspicion shall verbally report their observations to the Substance Abuse Administrator, their department head or immediate supervisor.

(2) Upon a determination that reasonable suspicion exists, person(s) observing actions constituting the basis for such determination, and the supervisor, or department head requesting screening shall submit written documentation of circumstances leading to the request for screening to the Substance Abuse Administrator.

15.4 An employee consenting to a reasonable suspicion screening shall be suspended from duty with pay until notice to return to work, based upon a negative result, or resolution of a positive result.

Section 16 Post-accident Testing

16.1 The City of Duncan shall require any employee to undergo drug and/or alcohol testing after an accident, if

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there is a reasonable suspicion that the employee or another person has sustained a work-related injury or the employer’s property has been damaged as a direct result of the employee’s use of drugs or alcohol. This shall be done as soon as practical after the accident.

16.2 Requests for post accident screening shall be made to the employee(s) involved in the accident by their immediate supervisor or department head who shall report all such requests to the Substance Abuse Administrator as promptly as practical.

Section 17 At-will Testing

17.1 An employee who has sought voluntary treatment, under the provisions of Section 1.4 of this policy, may be permitted to return to work upon condition that the employee consent to at will screening for a period of two (2) years from the date of the employee's return to work.

Section 18 Employee Assistance Program

18.1 The City of Duncan has contracted with a licensed professional to provide initial evaluation and referral, if appropriate, for substance abuse counseling, treatment or rehabilitation.

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APPENDIX NUMBER 1ALCOHOL AND CONTROLLED SUBSTANCES POLICY

SUBSTANCE AND CONCENTRATION LEVELS

In administration of the City of Duncan's Alcohol and Controlled Substances Policy, screening of employees shall be conducted only for the following substances. Any test resulting in indications of the listed substances, in concentrations below the levels indicated shall be reported as a negative result.

Concentrations yielding a

Substance positive result

Alcohol 0.02 grams/100 milliliters*Amphetamines 1000 ng/ml**Cocaine Metabolites 300 ng/mlMarijuana Metabolites 50 ng/mlOpiate Metabolites 2000 ng/mlPhencyclidine 25 ng/ml

The substances and concentrations above, other than alcohol, if identified in the initial testing, shall be confirmed by gas chromatography/mass spectrometry test on a portion of the original sample yielding a positive result. A preliminary breath test indicating the possibility of the presence of alcohol, will be confirmed by a breath test using evidential breath testing devices (EBT) approved by the National Highway Traffic Safety Administration (NHTSA) which will print out the results, date, and time, a sequential number, and the name and serial number of the EBT to ensure reliability of the results. If that test is also positive, a blood alcohol test using a sample drawn immediately will be administered.

Notes: * blood alcohol concentration of two hundredths (2/100) of one per cent (2%) by weight

** "ng/ml" means nanograms per milliliter

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CITY OF DUNCANEMPLOYEE NOTIFICATION LETTER

I certify that I have received a copy of, and have read the attached City of Duncan policy entitled Alcohol and Controlled Substances Policy and Testing Procedures that is part of the contract between the City of Duncan and the FOP. I understand that as a condition of employment I must comply with this policy. If I develop a problem with alcohol or drug abuse during my employment with the City of Duncan, I will seek assistance through management or the City of Duncan’s Substance Abuse Administrator.

____________________________ ________________________________Employee Signature Date

Witnessed by:

____________________________ ________________________________Supervisor or Personnel Dept. Date

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ADDENDUM 5AUNIFORMS AND ASSOCIATED EQUIPMENT INITIAL ISSUE LIST

(SEE CONTRACT ARTICLE XV)ITEM QTY BRAND

Straight Legged or Cargo Pocket Pants 5

Shirts - (minimum of 1 LS reserved for pin-on brass) 6

Collar brass 2 pair

Name plate 2 BlackingtonRain coat (reversible with reflective safety strips) 1

Jacket with zip out liner 1 BlauerWinter Baseball Type Cap 1

Summer Baseball Type Cap 1

Shirt badge 2 Entenmann-rovinCoat badge 1 Entenmann-rovinBallistic vest 1 Safariland Zero G Level IIA GoldReflective Traffic Vest 1

Web belt 1 BianchiInner belt 1 BianchiHolster 1

Magazine carrier 1

Rubber glove case 1 BianchiSilent key holder 1 BianchiBaton 1 Officers choice from listBaton holder 1 Officers choice from listStinger flashlight with a/c & d/c charger 1 Streamlight Flashlight holder 1 Officers choice from listPortable radio with lapel mike 1 Department issueRadio holder 1 Officers choice from listOC spray 1 Department issueOC spray holder 1 Officers choice from listHandcuffs 2 pair Quality Name BrandHandcuff case 1 Double or 2 singlesBelt keepers 4 BianchiShotgun with Sling 1 Department issueHandgun with 3 Magazines 1 Department issueFootwear 1 pair Black Smooth Toed Uniform

Footwear with Ankle Support

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Citation Holder 1

Clipboard 1

Business Cards 500

Gloves cold weather 1 pair

ANY OTHER EQUIPMENT AS APPROVED BY THE POLICE CHIEF

41

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ADDENDUM 5

UNIFORMS AND ASSOCIATED EQUIPMENT APPROVED FOR PURCHASE

FROM UNIFORM OR CLOTHING ALLOWANCE

(SEE CONTRACT ARTICLE XV)

ITEM QTY BRAND

Cold Weather Hat 1

Wallet Badge 1

Wallet or ID Badge Case 1

Combat/TAC Handgun Light Attachment 1

Gear Bag or Briefcase 1

Off-duty/concealed carry holster and mag pouch 1

Badge Holder for Belt 1

Turtle Neck Shirt for Cold Weather Undergarment 1

Plainclothes Version of OC Spray 1

Whistle and Chain 1

Police Polo Shirt (for training) 1

Micro Cassette Recorder 1

Shotgun Side Saddle (must be able to be mounted without modifying the weapon)

1

Shotgun sights (must be able to be mounted without modifying the weapon)

1

Binoculars 1

Tactical Vest Carrier 1


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ADDENDUM 5C

UNIFORMS AND ASSOCIATED EQUIPMENT FOR OFFICERS ASSIGNED TO SPECIAL FUNCTIONS

(SEE CONTRACT ARTICLE XV)

NOTE: Officers assigned to these functions must be actively, currently engaged in such assignment in order to purchase from Addendum C. Officers who are not performing these duties during their assigned shift must wear standard uniforms. Items may be provided in addition to annual allotment as funding allows or may be purchased by assigned officers from their annual allotment.

ASSIGNMENT ITEM # of Officers

QUANTITY

BIKE PATROL Bike Shorts 4 2

Bike Helmet 4 1

Bike Shirts 4 2

Bike Gloves 4 1 Pair

LAKE PATROL Uniform Type Shorts 1 4

Polo Shirt 1 4

TACTICAL TEAM Cargo Pocket Pants 6 1

Tactical Vest Carrier 6 1

NON-UNIFORM Police ID Raid Jacket 9 1

Tactical Vest Carrier 9 1

K-9 Rip Stock Pants with cargo pockets (in lieu of regular pants)

2 4

Polo Shirt 2 4

Honor Guard Parade Dickey 6 1

Parade Gloves 6 1

Shoulder Braid 6 1

Clarino Boots 6 1


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ADDENDUM # 6PAY FOR PERFORMANCE EVALUATION SYSTEM

ADOPTED AUGUST 27, 2002

CITY OF DUNCANPOLICE DEPARTMENT

OUR MISSION

To enhance the safety and well being of our community by providing quality services in a friendly and cost-effective manner

OUR PURPOSE

Public Service

OUR VALUES

Support each other in performance of job functions

Encourage honesty and behavior that is consistent with our mission

Maintain an open government that is a good steward of public resources

Recognize and promote competence, excellence and open communication

Support decision making that is deliberate, conscientious, and based on fact

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CITY OF DUNCAN

EMPLOYEE PERFORMANCE APPRAISAL

Purpose of Evaluation System:

The purpose of this evaluation system is to:

Establish general City-wide standards by which performance within each category of work will be evaluated; Communicate Supervisory expectations for successful performance; Develop a mutual understanding between employee and supervisor of changes in employee work conduct that

will result in a higher level of employee performance; Focus the organization on effective use of allocated resources (people, equipment, materials, facilities, capital

improvements, and contracted services) toward achieving expected and realistic service levels and products.

General Instructions:

Employees are to be evaluated by their immediate supervisor (the person that received points for supervising them in the pay plan). The evaluation form should be submitted from that person on up the chain of command through the Director.

Employees should be evaluated on their performance for the entire review period. Documentation on performance (both good and bad) should be kept by their supervisor throughout the review period for use in completing the evaluation form. (The documentation will be the property of the City of Duncan and will follow the employee if they transfer to someone else’s supervision or if the supervisor transfers or leaves employment, the documentation is to be left for the new supervisor.) The evaluation is not to be based on the subjective opinion of the person completing the evaluation. Supervisors should know exactly what the employee’s job is and how that person is performing it. The supervisor should observe performance many times during the review period. If an employee’s performance does not meet expectations, the supervisor should have been communicating, coaching, and training the employee to help them meet expectations. There shouldn’t be too many surprises for employees during the evaluation interview if they have been properly communicated with by their supervisor. Employees with performance problems must have a supplemental evaluation completed to address the performance problems.

Performance of “below expectations” can be expected for employees with limited time in a position. In such cases, the rating is not intended negatively but as a realistic evaluation of an employee in a learning environment.

Comparison is to be made between the employee and the standards for the rating criteria, not to other employees.

All ratings of “Below Expectations” and “Exceeds Expectations” must have written explanations supporting the ratings (on form). There should also be documentation available to back up the ratings.

Supervisory effort or required employee effort to correct a problem or weakness including any documented disciplinary action that occurred during the rating period must be included in the comments section.

The comments section of the evaluation should include:A. Notations of any discipline received during the rating period.B. Notations of any commendations or recognitions received during the rating period (i.e. letters of

commendations, recognition as employee of the year, quarter, etc.).C. Goals set for upcoming year. Employees should help set reasonable goals for themselves working with

supervisors who are to guide the employees toward achieving their full potential and the achievement of their professional ambitions.

The employee can request a review of their appraisal up the chain of command to the Department Director. There is no review beyond the Department Director.

NOTE:

The above Administrative review is not intended to prevent any bargaining unit member from exercising contractual and statutory rights to grieve and arbitrate in conformance with Article VII, Grievance Procedure and the FPAA. (Fire and

46

Police Arbitration Act). It is intended that the above stated procedure be exhausted and precede formal grievance action. TIMELINE

Supervisors should discuss the performance standards and evaluation form with new employees at the beginning of their employment so that the employee has a clear understanding of what’s expected and of the guidelines by which they’ll be evaluated. Employees should be encouraged to make notes of what they’ve accomplished during this period.

All performance appraisals for non-probationary employees will be completed on a fiscal year basis.

ALL probationary employees must have an appraisal completed every 3 months, at a minimum. These can be done more often. The annual evaluation completed at the end of the probationary period would be the evaluation that determined whether or not the employee was eligible for an increase.

Employees with performance areas of “below expectations” must have a supplemental evaluation completed to address the performance problems.

Each employee will have a minimum of one performance appraisal completed each year.

METHOD FOR EVALUATION

The employee will be provided a copy of the policy and a blank evaluation form to rate each category for himself/herself using the criteria provided.

Supervisors will prepare an evaluation draft whereby all categories are rated according to the criteria provided in this policy.

The supervisor and employee will methodically discuss each category, especially when there are differences of opinion for any categorical rating.

At least one realistic, achievable goal should be set jointly by the supervisor and the employee for the next evaluation period. The goal could be as simple as choosing one or more categories in which the rating is below “exceeds expectations” and defining what needs to be done to bring the rating up. It needs to be clear to the employee that they will be evaluated on the goal(s) set for the next evaluation period.

The supervisor may adjust any category for the final evaluation if appropriate. The supervisor will prepare the final evaluation for each category. The final evaluation form is all that is turned in to the Personnel Department.

RATING CRITERIA BY CATEGORY:

1. Dependability – Attendance, punctuality, observance of policies, level of supervision requireda. Below Expectations – Careless & forgetful; requires constant supervision; late to meetings, work; late to start

assignments; does not observe policies, rules & regulations; takes extended breaks; habitually misses work unexpectedly; very “high maintenance” employee..

b. Meets Expectations – Steady worker; needs minimal supervision; follows through on tasks; arrives at work on time; observes policies, rules & regulations; prompt to meetings; starts assignments in timely fashion; schedules leave in advance.

c. Exceeds Expectations – Consistently gets job done; little or no follow-up necessary; requires absolute minimum of supervision; conscientious, actively solicits constructive criticism; able to foresee problems and handle them before they arise; completes assignments ahead of schedule; qualifies for attendance bonus; Very “low maintenance” employee.

2. Job Skills & Knowledge - Understands all work duties, procedures, materials.a. Below Expectations – Lacks knowledge or skill in some phases of work; does not understand work duties/job

functions.b. Meets Expectations – Has adequate knowledge/skills to perform most required tasks; understands

responsibilities, legal limits and expectations of position; uses knowledge to contribute effectively.47

c. Exceeds Expectations – Understands all phases of work, even most difficult assignments; remains current in field; seeks self-development opportunities; demonstrates ability to prioritize duties; observes inefficient work methods and demonstrates a more efficient and effective method to produce the desired effect.3. Safety – Practices safety rules & regulations

a. Below Expectations – Ignores or often fails to observe safety rules & practices (takes the easiest/quickest way over safest way); has preventable accidents.

b. Meets Expectations – Motivated to work safely; is observed to comply with safety rules & regulations (safe lifting, proper personal protective equipment); no preventable accidents; uses tools and equipment properly and for the intended use; takes time to learn proper operation of equipment;

c. Exceeds Expectations – Points out unsafe conditions or practices of others; actively supports safety awareness; participates in safety meetings; consistently demonstrates awareness of safety in work area by keeping work area neat; instructs others on proper use of tools and equipment.

4. Judgment – Decision Makinga. Below Expectations – Does not make sound choices among available alternatives while performing job

duties; makes unauthorized decisions or does not make decisions.b. Meets Expectations – Makes sound choices among available alternatives; refers decisions outside scope of

responsibility to appropriate individuals; makes decisions without assistance in routine situations and comes to an acceptable solution.

c. Exceeds Expectations – Excellent perception; anticipates problems and prepares resolutions in advance; relates past solutions to present problems; considers all affected parties when making a decision; able to reason through even the most complex problem and reach an acceptable solution.

5. Communications – Written & oral with co-workers as well as the public.a. Below Expectations – Does not listen to others; does not give or take criticism well; misinterprets

instructions; written communications are not clear, concise & complete; Is not tactful and assertive in oral & written responses to others; abrupt or arrogant with others; overlooks or avoids “service” aspect of job. Does not effectively or efficiently deal with internal and external customers; written communication is either illegible or difficult to read; improper radio procedure including codes, slang, modulation, speed of transmission or voice volumn.

b. Meets Expectations – Is tactful & assertive in oral and written responses to others; listens attentively; correctly interprets instructions; written communications are clear, concise and complete as well as legible and easy to read; gives and accepts constructive criticism well; courteous & friendly; Effectively and efficiently communicates with internal and external customers; good non-verbal skills. Proper radio procedure including codes, slang, modulation, speed of transmission or voice volume.c. Exceeds Expectations – no misunderstandings in oral & written communications to others; is at ease in all contacts, including contacts with supervisors; quickly establishes rapport with contacts and leaves people with feeling that they were interested in assisting them. Assists internal and external customers with an active willingness; excellent non-verbal skills; written communications contain no spelling, sentence structure and grammar errors; controls stressful conflicts with voice tone, word selection, inflection, articulation, and enunciation.

6. Quantity of Work – Productivity, skill, speed, volume of acceptable work.a. Below Expectations – Work output consistently low; does less than required; does not make good use of

time; clock watcher; tends to waste time; has little self-initiated work product.b. Meets Expectations – Work output satisfies job requirements; completes tasks within allotted time, as well as

meeting emergency demands; makes effective use of time.c. Exceeds Expectations – Volume of acceptable work exceeds expectations; loses no time starting up and

works up to last minute; plans ahead in order to effectively and efficiently use tools available; demonstrates the ability to increase co-workers productivity; has large amount of self-initiated work product.7. Cooperation – Ability to work with employees and/or public

a. Below Expectations – Friction with other occurs more than should; cooperation with others has to be forced; does not adhere to chain of command.

b. Meets Expectations – Gets along with people; treats others with diplomacy & tact; adheres to chain of command.

c. Exceeds Expectations – Highly cooperative; offers to assist others with questions or problems; strives to improve all relationships; seeks to include others’ point of view; actively encourages teamwork; embody professionalism with a spirit of enthusiasm and a positive attitude that produces good working relationships and community pride in that officer and the department he/she represents.

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8. Quality of Work – Accuracy & completeness of worka. Below Expectations – Frequent errors; inclined to mistakes; careless in work; work often needs redoing;

must be reminded to complete assignments; uses minimum amount of problem solving or decision making skills to resolve matters at his/her level; makes little or no effort to obtain additional information needed for prompt follow-ups.

b. Meets Expectations – Ordinarily acceptable; accurate; well organized, neat; completes assignments on time without being reminded; uses problem solving or decision making skills to resolve matters at his/her level.

c. Exceeds Expectations – Exceptionally accurate & thorough; no rechecks or rework needed; stands out as employee who takes great pride in work and submits nothing less than high quality output.

9. Initiative – Resourceful, willingness to adapt, flexible.a. Below Expectations – Slow to start; waits for directions; puts out little effort; lacks motivation; has to be

encouraged, chastised, or disciplined to get results; sees something that needs to be done, but leaves it for someone else; slow to adapt.

b. Meets Expectations – Accepts responsibility when given; adapts well; leaves nothing for someone else to take care of; demonstrates the desire & ability to take the first step; adapts willingly; observant of job and able to spot job tasks and take care of them before they are assigned.

c. Exceeds Expectations – Quick to adapt; self-starter; accepts & seeks responsibility; demonstrates active approach to prepare for next task; makes well thought-out suggestions; leads others to achieve; has general knowledge of City operations and City jobs around them; volunteers for any assignment regardless of how difficult or uninteresting the task may be.

10. Physical Fitness – (as applied to essential job functions)a. Below Expectations – Is overweight or out of shape to the extent that essential job tasks either cannot be

performed or cannot be performed with reasonable efficiency.b. Meets Expectations – Is physically able to perform all essential job functions with reasonable efficiency in a

safe mannerc. Exceeds Expectations – Has physical capabilities to perform all job tasks at a high level of efficiency in a

safe manner.

SUPERVISORS ONLY CATEGORIES:

1. Supervisory Practices – a. Below Expectations – Frequently: does not promote work force diversity; does not manage proactive safety

programs; does not develop work plans, allocate resources, or design work flow and integrate work into overall department objectives; lacks consistency in training employees to accomplish essential tasks of jobs.

b. Meets Expectations – Consistently: promotes work force diversity; manages proactive safety programs; develops work plans, allocates resources or designs work flow and integrates work into overall department objectives; rewards good performance; provides employees opportunity to cross-train; trains employees to accomplish essential tasks; keeps employees informed of information that affects work; ability to communicate empathy in a professional manner.

c. Exceeds Expectations – Champions positive change; persuades others to embrace positive change; diminishes fear of change in others. Initiates better methods & approaches; keeps employees well informed of department and City objectives.

2. Leadership – a. Below Expectations – frequently exhibits an attitude of merely wanting to make it through work day rather

than providing direction; is frequently opinionated to the point of being unwilling to compromise; frequently micromanages; frequently tries to avoid blame for mistakes by shifting it to others; frequently exhibits an attitude of “my mind is made up, don’t confuse me with facts”; frequently accepts status quo; routinely focuses more on policies and rules than people; is content to react to assignments or crisis rather than developing preventive or proactive measures.

b. Meets Expectations – Consistently: promotes teamwork; ensures employees know what is expected of them in the performance of their job duties; sets an example; instills trusts; is optimistic; instills pride; encourages ideas for improvement; gives credit where credit is due; works to correct organizational weaknesses and builds organizational strengths; is fair; is competent; takes responsibility; emphasizes right behavior more than dwelling on mistakes; efficiently uses available people, equipment and other resources to best advantage; establishes and maintains productive, effective working relationships with others; makes timely, well though-out decisions that keep the department moving forward.

c. Exceeds Expectations – consistently: empowers subordinates; encourages “service” by attitude in talk, 49

actions & example; is innovative; looks for ways to enhance organizational goals & operations; inspires people around them; leads by example; is willing to endure some controversy for the improvement of the department and/or a higher level of service; accomplishes appropriate tasks through managing others; utilizes talents and input of those around them in managing business and planning for the future; encourages the improvement of skills, abilities and knowledge of subordinates; prepares subordinates for higher responsibilities and improved performance.

3. Subordinate Relations - a. Below Expectations – Frequently: uses swearing, crass, foul or cross language or mannerisms to

communicate; is overly critical; belittles in language or actions; does not provide information to subordinates on matters important to their jobs; does not deal effectively with employee relations issues; does not empower employees at the lowest decision making level for which information is available and responsibility is assigned; does not maintain personal accessibility.

b. Meets Expectations – Consistently: is an open, honest source of appropriate information exchange; conveys ideas, thoughts and information effectively; listens & values what others say; keeps promises and commitments; cooperates and looks for ways to help subordinates; practices what (s)he preaches; courteous; compassionate; friendly and cheerful; respectful of others; fair & equitable; objective and consistent; easy to approach; emphasizes right behavior over mistakes; fosters conditions that allow for the majority of employees to obtain reasonable satisfaction with their work assignments and environment; deals effectively with employee relations issues; fosters innovation and creativity; empowers employees at the lowest decision making level for which information is available and responsibility assigned;

c. Exceeds Expectations – Consistently: works to improve morale; provides an environment that regularly allows subordinates to achieve a sense of accomplishment; keeps subordinates well informed; ensures that every subordinate is informed of policy changes, departmental correspondence, etc.; sets a positive, upbeat tone for the department; maintains a productive relationship with subordinates.

4. Evaluation of Subordinates – a. Below Expectations – Frequently: does not know job descriptions of subordinates; is inconsistent; shows

favoritism; does not apply effective performance management techniques; does not conduct well planned and timely performance appraisals; does not document performance consistently during review period.

b. Meets Expectations – Consistently: Displays knowledge of job descriptions of subordinates; is fair, objective and consistent in evaluations; uses evaluation standards effectively to identify strengths and weaknesses; applies effective performance management techniques; conducts well planned and timely performance appraisals; documents performance during review period.

c. Exceeds Expectations – Consistently: sets reasonable goals for improvement and corrections; follows up to ensure progress for goal achievement; identifies and classifies those who are meeting or exceeding expectations from those who are not in an honest and fair manner; “grows” supervisors;

REWARD GOOD PERFORMANCE

Employees who have no more than 2 ratings at the “Below Expectations” level will be eligible for a one-step pay increase, not to exceed the parameters of their respective pay grades. Employees who have 3 or more ratings of “Below Expectations” are not eligible for any pay-step increase.

Employees who have all ratings of at least “Meets Expectations” and a minimum of 5 ratings of “Exceeds Expectations” each year for two successive years will be eligible for a bonus in addition to being eligible for a one-step pay increase. Employees who are at the top step in their pay grade and who meet the bonus standards above will qualify to receive the bonus. The bonus will be a payment equal to 5% of the employee’s annual base salary (salary with no incentives, overtime, etc.) and be paid in two equal payments, ½ in September and ½ in April of the fiscal year. The employee must be a current employee to receive a bonus payment. Employees who are above the top step in their pay grade, and who qualify for the bonus, would receive a bonus of 5% of the top step in their pay grade.

All payments made under this section, whether a one-step pay increase or bonus, are subject to the same budgetary constraints as all other City expenditures. Increases or bonus payments will only be granted during the budget process and as funds are allocated by Council action.

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ADDENDUM #7BENEFITS

SECTION 1. HOLIDAYS

A. All officers shall be entitled to eleven (11) holidays for which they shall receive pay at their regular rate. The authorized holidays shall be as follows:

New Years Day 8.5 hoursJanuary 1Martin Luther King, Jr. Day 8.5 hours 3rd

Monday in JanuaryPresident's Day 8.5 hours 3rd

Monday in FebruaryGood Friday 8.5 hoursFriday before EasterMemorial Day 8.5 hoursLast Monday in MayIndependence Day 8.5 hoursJuly 4th

Labor Day 8.5 hours 1st

Monday in SeptemberThanksgiving Day 8.5 hours 4th

Thursday in NovemberChristmas Day 8.5 hoursDecember 25th

Christmas Eve 4.50 hours12:00 Noon, December 24th

New Years Eve 4.50 hours12:00 Noon, December 31st

Floating Day 8.5 hoursEmployee Discretion

B. If an employee is required to work on an authorized holiday, he/she will be entitled to double pay, up to the number of hours specified for that holiday. All hours worked over the number specified for that holiday will be considered as any other hours worked.

C. When an authorized holiday falls on the employee's regular-scheduled day off, the holiday shall be treated as though it had fallen on his/her next work day, or previous work day.

D. When an authorized holiday falls on a Saturday, the previous Friday shall be observed as the official holiday.

E. When an authorized holiday falls on Sunday, the following Monday shall be observed as the official holiday.

F. Police Chief or his/her designee will use discretion in authorizing holiday leave for all employees in this department. Sufficient personnel should be on duty to maintain adequate service.

SECTION 2. VACATIONS

A. Effective 07/01/05, earned vacation leave will be credited on a bi-weekly basis as follows: Last hire date through completion of 5 years 4:20 hoursBeginning on 6h year through end of 10 years 5:15 hoursBeginning on 11th year through end of 15 years 6:11 hoursBeginning on 16th year through end of 20 years 7:06 hoursMore than 20 years of continuous service 8:01 hours

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B. Personnel records are the OFFICIAL records for the City, including but not limited to vacation and sick leave.

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C. Should an authorized holiday fall within an employee's vacation leave, he/she will be entitled to one (1) additional day beyond the specified vacation leave.

D. Vacation leave shall accrue from the last day of the month following 30 days of employment as a full-time probationary employee.

E. Vacation will be scheduled so as to meet the operating requirements of the City and insofar as possible, the preference of the employee, based on seniority. Advance request and approval are necessary to allow for making necessary adjustments in work assignments. The work requirements and number of people absent within the Department will enter into the consideration of such request.

F. Vacations may be carried forward from one year to the next with a maximum accrual of 520 hours.

G. Vacation will be granted in one (1) hour increments.

H. Vacation will not accrue for any payroll period in which an employee did not work at least one calendar day during that payroll period, due to absences covered by Workers Compensation.

I. Accrued vacation leave will be taken before any unpaid leave is allowed.

J. Upon separation, an Employee shall be paid for the unused portion of his vacation leave. The employee shall be paid at his regular rate of pay at the time of separation.

SECTION 3. SICK LEAVE

A. Sick leave shall be granted to an employee when he/she is unable to perform his/her duties due to personal sickness, injury or as set forth in sub-section (d) below. Sickness and accidents caused by employment are covered by the State Workmen's Compensation Act and the Oklahoma Police Pension System. Worker's Compensation will not be more than an employee's regular pay under any circumstance. All employees shall notify their supervisor prior to taking any sick leave. Employees must call in daily within two (2) hours of regular starting time, or have doctor's slip stating otherwise.

B. An employee who is absent and requests sick leave to cover such absence, may be required, if the Police Chief determines there is reason to believe that sick leave is being abused, to furnish a doctor's certificate, as a condition of granting sick leave, attesting to the fact that the employee's absence has been due to sickness or injury.

C. Sick leave shall accrue on a bi-weekly basis as follows:

Hire date through completion of 10 years 3:41 hoursMore than 10 years of continuous service 7:23 hours

D. Employees may use accumulated sick leave for the following purposes:

1) When the employee is incapacitated by sickness or non-job related injury, or for medical, dental or optical diagnosis or treatment.

2) For necessary care/attendance of the Employee's family within the household (including foster and step situations)

3) After exposure to a contagious disease when the attendance at duty would jeopardize the health of others.

E. Officers may be sent home for health reasons by supervisor, upon approval by the Chief or his/her designee, when the Chief or his/her designee determines that it in the Department's best interest. Under these circumstances the employee shall be given sick leave.

F. Sick leave shall be expended in not less than half (1/2) hour units.

G. Sick leave shall accrue from the last day of the month following thirty (30) days of employment as a full-time probationary employee.

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H. Any employee discovered misusing sick leave privileges may be dismissed.

I. Employees who have been granted military leave of absence may have their sick leave benefits retained upon returning to work, provided the employee applies for re-employment within thirty-one (31) days of his/her discharge from the military service, and he/she was not engaged in the military service for longer than four (4) years.

J. Sick leave will not accrue for any pay period in which the employee did not work at least one calendar day during the pay period, due to absences covered by Worker's Compensation.

K. Accrued sick leave will be used before any unpaid leave is allowed.

L. Sick leave will accrue with no maximum.

SECTION 4. OCCUPATIONAL INJURY: (WORKMEN’S COMPENSATION)

A. All eligible employees shall be covered by the provisions of the Workmen's Compensation Act and in accordance with the State Police Pension Act during the performance of their duties. To remain eligible for such coverage, the injured employee must contact his/her supervisor immediately after the occurrence of a work-related injury. Following such notification, the Supervisor shall inform the Personnel Office of such injury to any employee under his/her supervision.

B. The following procedures should be followed in the event an employee is injured on the job:

1. Notify supervisor immediately when possible.

2. The City reserves the right to have the employee examined by a doctor of the City's choice.

3. Inform Personnel of injury as soon as possible so they may approve treatment when contacted by the hospital or doctor.

4. Complete an accident report form and submit to your immediate supervisor. Supervisors must complete the form and submit to the Personnel office within 24 working hours of the accident.

5. Do not, under any circumstances, use your prescription card to pay for any Worker's Compensation prescriptions.

C. An employee injured while performing his/her assigned duties shall be entitled to the provisions of the Worker's Compensation Act. The Personnel Office shall assist the employee in presenting his/her claim and shall endeavor to see that the employee receives the full benefits to which he/she may be entitled.

D. An employee injured on the job who draws weekly compensation pay in accordance with the Workmen's Compensation Act, shall not have his/her absence charged against accrued sick or vacation leave.

E. Employees unable to work due to a worker's comp injury must continue to pay for dependent insurance if coverage is to be retained.

F. Employees are hereby notified that you have a right, under the Worker's Compensation Act of the State of Oklahoma, to file a claim in regards to any occupational illness or injury.

You are further advised that you have a right to contact an attorney of your choice to file your claim and to advise you of your rights in regard to the provisions of the Worker's Compensation Act.

SECTION 5. GROUP INSURANCE PLAN

A. The City provides group hospital, surgical, dental, vision and life insurance to all probationary and full time employees. The cost for the group surgical, dental and vision insurance for the employee is $10 biweekly. Family membership may be included under this group coverage for a biweekly fee to be paid by the employee based on a tiered premium structure for type of family coverage desired. Premiums are $75 for employee and spouse, $80 for single parent family and $85 for family coverage, per pay period. After the deductible has been satisfied the plan will pay 80% of the next

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judy, 10/18/01,

This item still open

$10,000 of covered expenses while using an in-network provider. The participant is responsible for the 20% difference. The plan then applies a benefit percentage of 100%. When using an out-of-network provider, the benefit payable after the deductible is satisfied is 60% of the next $15,000 of covered expenses while using out-of-network providers. The participant is responsible for the 40% difference. The plan then applies a benefit percentage of 100%.

The benefits within the out-of-network shall be on a case by case basis, modified by the City's Third Party Administrator based on the following exceptions:

A. Life threatening situationB. Out of State services when incident occursC. Medical necessity.

Additionally, coverage for prescription drugs prescribed by a physician are provided through the Blue Cross Blue Shield of Oklahoma. Said coverage will be paid at the rate of $12.00 co-pay per generic prescription and $25.00 co-pay per brand name. If a brand name drug is dispensed and there is an approved MAC generic equivalent the attending physician has not excluded generic equivalent to be utilized, participant will be responsible for the co-payment plus the difference in name brand and/or generic cost on an individual prescription basis.

B. Employees shall notify the Personnel Office immediately of changes in marital status.

1. Insurance drops on spouse when legally separated.

2. New dependents may only be added within 30 days

C. Insurance may be continued beyond normal coverage dates as determined by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Premium rate will be 102% of the actual cost of coverage on other employees.

SECTION 6. LIFE INSURANCE

The City of Duncan will pay for the cost of life insurance on each full time employee, in the amount of $30,000.

SECTION 7. REST PERIODS

Employees will receive fifteen (15) minutes during the morning hours and fifteen (15) minutes during the afternoon, or fifteen minutes for each work period of four (4) hours. Rest periods will be taken on the job site insofar as possible. At such rest periods, an employee's work time should not be interrupted for more than fifteen (15) minutes. At no time should more than two (2) City vehicles be parked at a public restaurant or commercial establishment unless specifically authorized by the Police Chief.

This does not apply to vehicles parked at a public establishment for the purpose of attending a public meeting.

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SECTION 8. EMERGENCY LEAVE

A. In the event of death in the family, employees shall be granted a reasonable time, up to three (3) days, with pay, for a single absence. This time off is not given automatically, but is based on the individual circumstances of each case as determined by the Chief or his/her designee.

B. Family, for death in the family, consists of the following: wife, husband, child, brother, sister, parents, father-in-law, mother-in-law, grandchild, grandfather, grandmother, brother-in-law, sister-in-law, son-in law, daughter-in-law, spouse’s grandparents, or a relative living in the same household with the employee.

SECTION 9. MILITARY

A. Employees who enter the military service by draft or enlistment shall be granted a leave of absence for that purpose and at the conclusion of such leave of absence shall be reinstated and in accordance with all applicable provisions of the Selective Service and Training Act, and any other applicable laws then effective.

B. Employees granted military leave of absence may count such service as time spent on the job for computing seniority in the event of a layoff.

C. An employee appointed to a vacancy created by the granting of military leave shall have his/her appointment designated as "Military Replacement" and the length of such appointment shall be limited to the length of military leave granted the incumbent.

D. All officers and employees of the State, or subdivision thereof, or a municipality therein, who are members of the National Guard or Reserves, shall, when ordered by proper authority to active service, be entitled to a leave of absence from such civil employment for a period of such active service, without loss of status of efficiency rating, and without loss of pay during the first calendar month of such leave of absence during any Federal fiscal year (Oct. 1 to Sept. 30) Title 44 Section 209. MILITARY LEAVE OF ABSENCE. PUBLIC EMPLOYEE.

SECTION 10. ATTENDANCE BONUS

A. On January 1st of each year, employees will be allowed sixteen (16) hours additional vacation if not more than sixteen (16) hours of sick leave have been used in the prior year.

SECTION 11. HAZARDOUS WEATHER POLICY

A. Members required to work when a Declaration of Emergency has been issued by the City Manager stating that, because of extreme weather or other specified emergency conditions, employees should not report to work will receive pay at a rate of time and one half for all hours required to work during the closure, regardless of the number of hours worked that week. Overtime pay for these hours is in place of, not in addition to, regular pay for the same hours. This is considered unscheduled overtime and these earnings are not subject to withholding for retirement purposes.

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